- 1 - HC-KAR CNR: KAHC010400552026 NC: 2026:KHC:48595 WP No. 18345 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 18345 OF 2026 (GM-PASS) BETWEEN: 1. LOKESHWARAPPA, S/O. MADHURAYAPPA, AGED ABOUT 70 YEARS, RESIDING AT NO.00, BANAGERE VILLAGE, HOLALKERE TALUK, CHITRADURGA DISTRICT - 577523. 2. SMT. MYTHRADEVI, W/O. LOKESHWARAPPA, AGED ABOUT 67 YEARS, RESIDING AT NO.00, BANAGERE VILLAGE, HOLALKERE TALUK, CHITRADURGA DISTRICT - 577523. …PETITIONERS (BY SRI. SIDDARAJU G H.,ADVOCATE) AND: 1. UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, PATIALA HOUSE ANNEXE, TILAK MARG, NEW DELHI 110001. 2. THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, BENGALURU, 8TH BLOCK, 80 FEET ROAD, KORAMANGALA, BENGALURU, KARNATAKA - 560095. …RESPONDENTS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010400552026 NC: 2026:KHC:48595 WP No. 18345 of 2026 (BY SMT. SWAMINI GANESH MOHANAMBAL., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION, QUASHING THE OBJECTION COMMUNICATION DATED 23.02.2026 ISSUED BY RESPONDENT NO. 2 AGAINST FILE NO. BNZ076291576126 IN RESPECT OF PETITIONER NO. 1 (PRODUCED HEREWITH AS ANNEXURE-E), AND THE OBJECTION COMMUNICATION DATED 23.02.2026 ISSUED BY RESPONDENT NO. 2 AGAINST FILE NO. BNZ076291446526 IN RESPECT OF PETITIONER NO. 2 (PRODUCED HEREWITH AS ANNEXURE-F) AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioners are before this Court seeking for the following reliefs: a) Issue a writ of mandamus or any other appropriate writ ,order or direction, quashing the objection Communication dated 23.02.2026 issued by Respondent No. 2 against file No. BNZ076291576126 in respect of Petitioner No.1 (produced herewith as Annexure-E), and the objection Communication dated 23.02.2026 issued by Respondent No.2 against file No. BNZ076291446526 in respect of Petitioner No.2 (produced herewith as Annexure-F); b) Direct the R2 to process, renew, and re-issue the Indian Passports of both Petitioner No.1 and Petitioner No.2 expeditiously within a time bound period to enable Petitioner No.2 to secure necessary medical treatment abroad in the interest of justice and equity; c) Grant such other relief’s as this Hon’ble Court deems fit in the interest of justice and equity. - 3 - HC-KAR CNR: KAHC010400552026 NC: 2026:KHC:48595 WP No. 18345 of 2026 2. Petitioner no.1 is the husband and petitioner no.2 is the wife, who had filed applications on 28.02.2026 for re-issuance of their passport on its expiry. The said applications were not processed by respondents and endorsement at Annexures-E and F were issued stating that there are proceedings in Crime No.60/2024 which had been initiated for offences under Section 504, 323, 324, 354, 506, r/w 34 of IPC pending on the file of the Civil Judge and JMFC, Holalkere in CC No.654/2024 against petitioner No.1- husband. 3. Insofar as the wife is concerned, apart from Crime No.60/2024 aforesaid, there is one another criminal proceedings in Crime No.29/2024 for the offences under Section 504, 323, 324, 506 r/w 34 of IPC which is also pending before the very same Court. 4. The submission of learned counsel for the petitioners is that pendency of a criminal proceedings ought not to come in the way of foreign travel of a person inasmuch as the Hon'ble Apex Court in the case of Mahesh Kumar Agarwal vs Union of India and anr.,1 has held that right to foreign travel is a fundamental 1 SLP (C) No.17769/2025 - 4 - HC-KAR CNR: KAHC010400552026 NC: 2026:KHC:48595 WP No. 18345 of 2026 right and pendency of criminal proceedings ought not to be a reason for rejection of a passport. He however submits that before foreign travel, the petitioners would take necessary permission from the court seized of the aforesaid two criminal matters in respect to each of the petitioners before they travel. In that view of the matter, this Court passes the following: ORDER i) The Writ Petition is allowed; ii) The respondents are directed to consider the applications of the petitioners for re-issuance of the passport in terms of the observations made hereinabove within a period of 30 days from now. iii) It is made clear that the travel of the petitioners would however be subject to permission for foreign travel being granted by the court seized of the criminal proceedings. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 3 Sl No.: 11