- 1 - HC-KAR NC: 2026:KHC:15759 WP No. 5505 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 5505 OF 2026 (GM-PASS) BETWEEN: SRI CHIKKANNA, S/O. BASAVARAJU, AGED ABOUT 36 YEARS, R/AT, HIRIKATE VILLAGE AND POST, BUGUR HOBLI, GUNDUPET TALUK, CHAMARAJANAGARA DISTRICT-571 109. &PETITIONER (BY SRI. NANJUNDA SWAMY N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BEGUR POLICE STATION, HIGH COURT BUILDING, BENGALURU 560 01. REPRESENTED BY STATE PUBLIC PROSECUTOR. 2. UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, NEW DELHI - 110 001. REPRESENTED BY CENTRAL GOVERNMENT COUNSEL. 3. THE REGIONAL PASSPORT OFFICER, BENGALURU, MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA, Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15759 WP No. 5505 of 2026 8TH BLOCK, 80 FEET RAOD, KORAMANGALA, BENGALURU - 560 095. &RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR R1 SRI. AJAY PRABHU M., CGSC FOR R2 & R3) THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE LETTER DATED 07.10.2025 ISSUED BY THE R3 TO THE PETITIONER VIDE ANNX-B. DIRECT THE R3 -REGIONAL PASSPORT OFFICE BENGALURU TO ISSUE THE PASS PORT TO THE PETITIONER IN PURSUANCE OF PASSPORT APPLICATION NO. BNU065642419925 VIDE ANNX-B. 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 Petitioner is aggrieved by the letter dated 07.10.2025 issued by respondent No.3 vide Annexure-B, wherein respondent No.3 has declined to re-issue passport to the petitioner insisting prior approval of the jurisdictional Magistrate where the criminal proceedings are seized. 2. Heard learned counsel for the petitioner and learned counsel for the respondents. - 3 - HC-KAR NC: 2026:KHC:15759 WP No. 5505 of 2026 3. The petitioner submits that he had applied for issuance of a passport on 15.09.2025 by remitting the prescribed fee. However, respondent No.3 has issued an endorsement/communication informing the petitioner that a criminal case is pending against him in C.C. No.476/2024 on the file of the Principal Civil Judge and JMFC, Gundlupet, arising out of Crime No.55/2024, and on that ground, the petitioner9s request for issuance of passport has not been considered. Aggrieved by the said endorsement, the petitioner is before this Court. 4. Perusal of the material on record would indicate that pursuant to the registration of Crime No.55/2024, the investigating agency has completed the investigation and has laid the charge sheet, which has culminated in C.C. No.476/2024 pending on the file of the Principal Civil Judge and JMFC, Gundlupet. It is no longer res integra that mere pendency of a criminal case or filing of a charge sheet cannot, by itself, be a ground to deny issuance of a passport. This Court, in a catena of decisions, has - 4 - HC-KAR NC: 2026:KHC:15759 WP No. 5505 of 2026 consistently held that the right to travel abroad is an integral facet of the fundamental right to life and personal liberty guaranteed under Article 21 of the Constitution of India. Therefore, denial of passport solely on account of pendency of criminal proceedings would not be justified. 5. At the same time, this Court is conscious of the fact that the petitioner is facing criminal prosecution before a competent criminal Court. In such circumstances, a balance is required to be struck between the petitioner9s fundamental right to travel and the interest of administration of criminal justice. Accordingly, this Court has consistently taken the view that in cases where criminal proceedings are pending, the applicant is entitled to issuance of a passport of limited/short validity, subject to the condition that the applicant secures necessary permission from the jurisdictional criminal Court before undertaking any foreign travel. - 5 - HC-KAR NC: 2026:KHC:15759 WP No. 5505 of 2026 6. In the light of the aforesaid settled position of law, this Court is of the considered opinion that the action of the respondents in not considering the petitioner9s application solely on the ground of pendency of criminal proceedings is unsustainable. The petitioner cannot be deprived of the issuance of a passport; however, his right to travel abroad must remain subject to the control and supervision of the jurisdictional criminal Court where the proceedings are pending. 7. For the foregoing reasons, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed. (ii) A writ of mandamus is issued directing the respondents to consider the petitioner9s application for issuance/re-issuance of passport and to issue a passport of short validity, in accordance with law, within a period of fifteen - 6 - HC-KAR NC: 2026:KHC:15759 WP No. 5505 of 2026 (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 Court of the Principal Civil Judge and JMFC, Gundlupet, where C.C. No.476/2024 is pending, and such travel shall be subject to any conditions that may be imposed by the said Court. (iv) All contentions of the parties in the pending criminal proceedings are left open. SD/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 62