- 1 - HC-KAR CNR: KAHC010601142026 NC: 2026:KHC:47065 WP No. 26959 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. 26959 OF 2026 (GM-POLICE) BETWEEN: K. SUPRITH @ SUDDI S/O KENCHAPPA, AGED ABOUT 23 YEARS, WORKING AS PAINTER, R/AT NO. 258/11, WARD NO. 28 1ST NEAR INDRA GANDHI COLLEGE SN NAGAR SAGAR SHIVAMOGGA DISTRICT - 577 401. …PETITIONER (BY SRI. VINOD KUMAR M, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY SECRETARY, HOME DEPARTMENT, GOVERNMENT OF KARNATAKA, BENGALURU - 560 001. 2. THE SPECIAL EXECUTIVE MAGISTRATE AND SUPERINTENDENT OF POLICE, SHIVAMOGGA DISTRICT, SHIVAMOGGA - 577 201. 3. THE POLICE INSPECTOR, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010601142026 NC: 2026:KHC:47065 WP No. 26959 of 2026 SAGAR TOWN POLICE STATION, SAGAR, SHIVAMOGGA - 577 401. 4. THE STATION HOUSE OFFICER, YESHWANTHPUR POLICE STATION, BENGALURU - 560 022. …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE EXTERNMENT ORDER BEARING NO. JI MUKA/SHIVA/MAC- GADIPARU/09/2026 DATED 19.08.2026 PASSED BY R2 UNDER SECTION 55(A) AND (b) OF THE KARNATAKA POLICE ACT 1963, EXTERNING THE PETITIONER FROM SHIVAMOGGA DISTRICT TO YESHWANTHPUR POLICE STATION JURISDICTION, BENGALURU CITY BY CONSIDERING THE IMPUGNED ORDER PRODUCED AT ANNX-A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accepts notice for respondent Nos.1 to 4. 2. Petitioner is before this Court seeking for the following reliefs: - 3 - HC-KAR CNR: KAHC010601142026 NC: 2026:KHC:47065 WP No. 26959 of 2026 "a. Issue a writ, order, or direction quashing the externment order bearing No. ಕ/ವ/ಎಂಎ - ಗಾರು/09/2026 dated 19.08.2026 passed by Respondent No. 2 under Section 55(a) and (b) of the Karnataka Police Act, 1963, externing the Petitioner from Shivamogga District to Yeshwanthpur Police Station jurisdiction, Bengaluru City, by considering the impugned order produced at Annexure A; ii) Pass such other or further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." 3. What is challenged is the Externment Order passed under Section 55 of the Karnataka Police Act, 1963 (herein after referred to as 'Act'). 4. Though notice had been issued and the petitioner had appeared before the respondent, as also the principle of natural justice had been followed, the impugned order indicates that the same has been passed under Section 55(a) and (b) of the Act. Section 55 is reproduced hereunder for easy reference. 55. Removal of persons about to commit offences.— Whenever it shall appear in the City of Bangalore and other areas for which a Commissioner has been appointed under section 7 to the Commissioner, and in other area or areas to which the Government may, by notification in the official Gazette, extend the provision of this section, to the District - 4 - HC-KAR CNR: KAHC010601142026 NC: 2026:KHC:47065 WP No. 26959 of 2026 Magistrate, or the Sub-Divisional Magistrate having jurisdiction and specially empowered by the Government in that behalf,— (a) that the movements or acts of any person are causing or calculated to cause alarm, danger or harm to person or property, or (b) that there are reasonable grounds for believing that such person is engaged or is about to be engaged in the commission of an offence involving force or violence or an offence punishable under Chapter XII, XVI or XVII of the Indian Penal Code, or in the abetment of any such offence, and when in the opinion of such officer witnesses are not willing to come forward to give evidence in public against such person by reason of apprehension on their part as regards the safety of their person or property, or (c) that an outbreak of epidemic disease is likely to result from the continued residence of an immigrant, the said officer may, by an order in writing duly served on him, or by beat of drum or otherwise as he thinks fit, direct such person or immigrant so to conduct himself as shall seem necessary in order to prevent violence and alarm or the outbreak or spread of such disease or to remove himself outside the area within the local limits of his jurisdiction or such area and any district or districts or any part thereof contiguous thereto by such route and within such time as the said officer may specify and not to enter, or return to the said place from which he was directed to remove himself. 5. A comparison of clause (a) and clause (b) would indicate that they are mutually exclusive and an order could not have been passed both under clause (a) and clause (b) of Section 55 of the Act. It would have been for the respondents to have examined as to the fulfillment of the - 5 - HC-KAR CNR: KAHC010601142026 NC: 2026:KHC:47065 WP No. 26959 of 2026 ingredients under each of the sub-clause and then pass an order under that particular sub-clause being either sub-clause (a) or sub-clause (b) of Section 55 and not pass an omnibus order under both sub-clause (a) and sub-clause (b) of Section 55. This aspect has been dealt with by a co-ordinate bench of this Court vide its order dated 30.04.2026 in W.P.No.14080/2026. For the very same reasons, this Court passes the following: ORDER i. The writ petition is allowed; ii. The externment order bearing No. ಕ/ವ/ಎಂಎ - ಗಾರು/09/2026 dated 19.08.2026 passed by respondent No.2 under Section 55(a) and (b) of the Act is set aside. iii. The matter is remitted to respondent No.2 for fresh consideration directing respondent No.2 to pass necessary orders under either of the sub-clauses and not under both the sub-clauses. iv. The petitioner shall appear before respondent No.2 without requirement of any further notice on 11.09.2026 at 02.30 p.m. and make a submission, - 6 - HC-KAR CNR: KAHC010601142026 NC: 2026:KHC:47065 WP No. 26959 of 2026 which shall be considered by respondent No.2 and orders passed as per the applicable law. v. Since the matter is remitted and the order is set aside, the respondent cannot act on the extenment order which has been set aside. Sd/- (SURAJ GOVINDARAJ) JUDGE HDK List No.: 1 Sl No.: 29