- 1 - HC-KAR CNR: KAHC010639472026 NC: 2026:KHC:50420 WP No. 29044 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 29044 OF 2026 (GM-POLICE) BETWEEN: SRI. MANU D. H. @ CANDY, S/O HEMANTH KUMAR AGED ABOUT 28 YEARS, R/AT, DASARAKOPPALU, NEXT TO RAM MANDIR, HASSAN CITY - 573 201. …PETITIONER (BY SRI. GAURAV SUBRAMANYAM., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY SUPERINTENDANT OF POLICE HASSAN DISTRICT REP. BY SPP BENGALURU - 01 HIGH COURT BUILDING. 2. POLICE INSPECTOR HASSAN EXTENSION POLICE STATION HASSAN DISTRICT - 573 201. …RESPONDENTS (BY SRI. G. HARISHA B. S. AGA) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR IN THE NATURE THEREOF OR ANY OTHER APPROPRIATE WRIT, QUASHING THE IMPUGNED ORDER IN CASE NO.MAG-1/HASSAN/EXTERNMENT-16/2026 DATED 14.08.2026 (ANNEXURE-A) PASSED BY THE RESPONDENT NO.1 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 2 - HC-KAR CNR: KAHC010639472026 NC: 2026:KHC:50420 WP No. 29044 of 2026 CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The present writ petition is filed seeking the following relief: "a. Issue writ of certiorari or in the nature thereof or any other appropriate writ, quashing the impugned order in case No.MAG- 1/HASSAN/EXTERNMENT-16/2026 dated 14.08.2026 (Annexure-A) passed by the respondent No.1. b. Pass such an order which is deemed to be fit in the nature and circumstances of the above case, in the interest of justice and equity." 2. The petitioner seeks to impugn the order dated 14.08.2026 (Annexure A to the writ petition), which is passed under Section 55 of the Karnataka Police Act, 19631. 3. Although the remedy of appeal is available to the petitioner under Section 55 of the Act, the primary contention urged on behalf of the petitioner is that although he was notified of the proceedings initiated by respondent No.1, due to unavoidable circumstances he 1 Hereinafter referred to as 'Act' Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 3 - HC-KAR CNR: KAHC010639472026 NC: 2026:KHC:50420 WP No. 29044 of 2026 could not appear before respondent No.1 and hence he did not have an adequate opportunity to contest the proceedings initiated under Section 55 of the Act. 4. It is further sought to be contended on behalf of the petitioner that the respondent No.1, who is the Superintendent of Police, did not have jurisdiction to initiate the proceedings under Section 55 of the Act. In support of his contention, learned counsel for the petitioner relied on the judgment in the case of Chandrakant Shankar Vaddar Vs. State of Karnataka and others2. 5. In view of the aforementioned, on the limited ground that the petitioner did not contest the proceedings initiated against him under Section 55 of the Act and having regard to the contention of jurisdiction raised by the petitioner, which goes to the root of the matter, it is expedient that the relief sought for in the present petition be granted. 2 Order dated 24.08.2026 passed in WP.No.104096/2026 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 4 - HC-KAR CNR: KAHC010639472026 NC: 2026:KHC:50420 WP No. 29044 of 2026 6. Hence, the following: ORDER i. This writ petition is partly allowed. ii. The order dated 14.08.2026 (Annexure-A to the writ petition) passed by the respondent No.1 is hereby quashed. iii. It is open to the concerned respondents to issue fresh notice to the petitioner under Section 55 of the Karnataka Police Act, 1963 and conduct further proceedings in accordance with law after affording an adequate opportunity to the petitioner. iv. All contentions on the merits of the matter are kept open. (C.M. POONACHA) JUDGE TIN List No.: 1 Sl No.: 15 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA