ATHMANANDA H L @ KRISHNEGOWDA v. STATE OF KARNATAKA
WP/26942/2026 · 2026-08-29
Suraj Govindaraj
body2026
DailyLaw.ai
[ 2026 DAILYLAW 37384 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 37384 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010589752026 NC: 2026:KHC:47067 WP No. 26942 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 26942 OF 2026 (GM-POLICE) BETWEEN:
ATHMANANDA H.L. @ KRISHNEGOWDA, S/O LAKSHMANA, AGED ABOUT 34 YEARS, R/AT NO.64, 2ND CROSS, BHOMIKA LAYOUT, MYLASANDRA, RAJARAJESHWARINAGAR, BENGALURU - 560 056. …PETITIONER (BY SRI. LOKESHA M.Y., ADVOCATE) AND:
1.
STATE OF KARNATAKA, BY HOME DEPARTMENT, VIDHANA SOUDHA, DR.B.R.AMBEDKAR VEEDHI, BENGALURU – 560 001.
REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY.
2.
DEPUTY COMMISSIONER OF POLICE, SOUTH WEST DIVISION,
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010589752026 NC: 2026:KHC:47067 WP No. 26942 of 2026
BENGALURU CITY - 560 056.
3.
ASSISTANT COMMISSIONER OF POLICE, KENGERI SUB – DIVISION, BENGALURU CITY - 560 056.
4.
INSPECTOR OF POLICE, KENGERI POLICE STATION, BENGALURU CITY - 560 056. …RESPONDENTS (BY SMT.SARITHA KULKARNI, AGA FOR STATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) CALL FOR RELEVANT RECORDS; (B) QUASHING THE IMPUGNED ORDER PASSED BY THE 2ND RESPONDENT I.E., DEPUTY COMMISSIONER OF POLICE AND SPECIAL EXECUTIVE MAGISTRATE, SOUTH WESTERN DIVISION, BENGALURU CITY IN DCP (NY) MAG/GADIPARU/10/2026 DATED 6.8.2026 PASSED UNDER SECTION 55 (A) AND (B) OF KARNATAKA POLICE ACT 1963, PRODUCED AT ANNEXURE-C AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
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HC-KAR
CNR: KAHC010589752026 NC: 2026:KHC:47067 WP No. 26942 of 2026
ORAL ORDER
1. Learned AGA accepts notice for respondent Nos.1 to 4.
2. Petitioner is before this Court seeking for the following reliefs:
"(a) Call for relevant records;
(b) Issue a writ of certiorari quashing the impugned
order passed by the 2nd respondent i.e., Deputy Commissioner of Police and Special Executive Magistrate, South Western Division, Bengaluru City in DCP (NY) MAG/Gadiparu/10/2026 dated 6.8.2026 passed under section 55 (a) and (b) of Karnataka Police Act 1963, produced at Annexure- C;
(c) Pass any other order or direction as this Hon'ble Court deems fit under the interest of justice and equity."
3. What is challenged is the Externment Order passed under Section 55 of the Karnataka Police Act, 1963.
4. A perusal of the order indicates that the petitioner has been served with a notice as also has appeared before the Executive Magistrate and made a submission, which has been considered by respondent No.2 albeit to the detriment of the petitioner. The notice having been issued, the petitioner having been heard, the principles of
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HC-KAR
CNR: KAHC010589752026 NC: 2026:KHC:47067 WP No. 26942 of 2026
natural justice have not been violated. The petitioner has a statutory remedy of appeal in terms of Section 59 of the Karnataka Police Act, 1963. Reserving liberty to the petitioner to approach the Appellate Authority under Section 59 of the Karnataka Police Act, 1963, the petition stands disposed of.
Respondents are directed not to take any coercive steps or execute the order dated 06.08.2026 at Annexure-C until the appeal is taken up for consideration.
All contentions are kept open.
Sd/- (SURAJ GOVINDARAJ) JUDGE
HDK