- 1 - HC-KAR NC: 2026:KHC:20258 WP No. 9706 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 9706 OF 2026 (GM-PASS) BETWEEN: ABDUL RAHIM KHATEEB S/O SIDDI MOHAMED KHATEEB AGED 52 YEARS R/AT H.NO.880, DARUL KHATEEB, AZAD NAGAR, 1ST CROSS, VTC BHATKAL, POST BHATKAL-581320 UTTARA KANNADA DISTRICT &PETITIONER (BY SRI. DEEPAK WAGLE., ADVOCATE) AND: 1. THE UNION OF INDIA MINISTRY OF EXTERNAL AFFAIRS SOUTH BLOCK, NEW DELHI-110 001 REPT. BY ITS SECRETARY TO GOVERNMENT OF INDIA 2. PASSPORT AUTHORITY OF INDIA MINISTRY OF EXTERNAL AFFAIRS ROOM NO.8, PATIALA HOUSE, TILAK MARG, NEW DELHI-110 001 REP. BY ITS CHIEF PASSPORT OFFICER Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20258 WP No. 9706 of 2026 3. THE REGIONAL PASSPORT OFFICE 8TH BLOCK, 80 FEET ROAD, KORAMANGALA, BENGALURU-560095 REPT. BY ITS REGIONAL PASSPORT OFFICER 4. STATE OF KARNATAKA BY KUNDAPURA POLICE STATION REPT. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560001 &RESPONDENTS (BY SMT. RESHMA KT., ADVOCATE FOR R1 TO R3 (VK FILED BEFORE NOTICE) SRI. K.P. YOGANNA, AGA FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO RENEW THE PETITIONERS PASSPORT BEARING NO. K2671830 ANNEXURE-B, AND ALSO TO RENEW THE PETITIONERS PASSPORT APPLICATION VIDE NO. BN4077330288325 , ANNEXURE-A IN COMPLIANCE OF THE ORDER PASSED BY THIS HONBLE COURT VIDE ANNEXURE-D IN W.P. NO.33145/2025 DATED 11.11.2025. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioner is seeking mandamus against respondent9s authorities to renew his passport bearing No.K2671830 in compliance of order passed by this Court. - 3 - HC-KAR NC: 2026:KHC:20258 WP No. 9706 of 2026 2. The petitioner is before this Court calling in question the action of the respondent3Passport Authority in withholding consideration of his application for renewal/re-issuance of passport. The sole ground on which the application is kept in abeyance is the pendency of criminal proceedings in S.C.No.31/2021. It is the specific grievance of the petitioner that the respondent3Authority, without adverting to the settled legal position governing such cases, has mechanically declined to process the application, thereby compelling the petitioner to invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. 3. Per-contra, learned counsel appearing for the respondent3Passport Authority, while justifying the action to a limited extent, would submit that in view of the pendency of criminal proceedings, the petitioner may not be entitled to issuance of a regular passport with full validity. However, she fairly submits that the case of the petitioner can be considered for issuance of a passport with - 4 - HC-KAR NC: 2026:KHC:20258 WP No. 9706 of 2026 limited/short validity, subject to such conditions as may be deemed appropriate, including securing necessary permission from the jurisdictional Criminal Court prior to undertaking any foreign travel. 4. This Court, having heard the learned counsel appearing for the parties and on perusal of the material on record, is of the considered view that a delicate balance is required to be struck between the fundamental right of a citizen to travel abroad and the necessity of ensuring the smooth administration of criminal justice. It is trite that mere pendency of criminal proceedings cannot operate as an absolute bar for issuance of passport. At the same time, such right cannot be exercised in a manner that would impede or frustrate the pending criminal proceedings. 5. This Court has consistently held in a catena of decisions that where criminal proceedings are pending, the applicant is entitled for issuance of a passport of limited or short duration, subject to stringent safeguards. One of the - 5 - HC-KAR NC: 2026:KHC:20258 WP No. 9706 of 2026 primary safeguards being that the applicant shall obtain prior permission from the jurisdictional Criminal Court before leaving the country, thereby ensuring that the authority of the Criminal Court is neither diluted nor circumvented. Therefore, the action of the respondent3 Authority in not even considering the application of the petitioner solely on the ground of pendency of criminal proceedings is unsustainable in law. While the petitioner cannot claim an unfettered right to travel abroad, he certainly cannot be completely deprived of a passport. 6. In that view of the matter, this Court is satisfied that the ends of justice would be met by directing the respondent3Authority to consider the petitioner9s application for issuance of a passport of limited validity, subject to appropriate conditions safeguarding the interest of the pending criminal proceedings. ORDER (i) The writ petition is allowed. - 6 - HC-KAR NC: 2026:KHC:20258 WP No. 9706 of 2026 (ii) A writ in the nature of mandamus is issued directing the respondent3Passport Authority to consider the petitioner9s application for issuance/re-issuance of passport and to issue a passport of short/limited validity, strictly in accordance with law, within a period of fifteen (15) days from the date of receipt of a certified copy of this order. (iii) It is made clear that the petitioner shall not leave the country without obtaining prior permission from the jurisdictional Criminal Court where proceedings in C.C.No.2093/2023 (arising out of S.C.No.31/2021) are pending, and any such permission, if granted, shall be subject to such conditions as may be imposed by the said Court. (iv) The petitioner shall furnish an undertaking, if so required by the Passport Authority, to comply with all conditions imposed by the jurisdictional Court and to ensure her presence before the said Court as and when required. - 7 - HC-KAR NC: 2026:KHC:20258 WP No. 9706 of 2026 (v) All contentions of the parties in the pending criminal proceedings are kept open and this order shall not influence the merits of the case pending before the competent Court. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 9