- 1 - HC-KAR NC: 2026:KHC:19960 WP No. 10238 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 10238 OF 2026 (GM-PASS) BETWEEN: SMT. KAVITHA SRINATH VENKATAPPA AGED ABOUT 47 YEARS, D/O.LATE VENKATAPPA CHINAPPA, W/O. SRINATH SUDDAGUNTAPALYA LAKSHMAN, RESIDING AT NO.75/1, NEW NO.1 FLAT NO.A5, JANAJEEVA ASHIYANA APARTMENTS, 7TH CROSS, BHAVANI NAGAR, S.G.PALYA, BENGALURU-560029. …PETITIONER (BY SRI. BHADRI R @ BHADRINATH R., ADVOCATE) AND: 1. THE UNION OF INDIA MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, NEW DELHI-100 001. REP. BY ITS SECRETARY 2. THE REGIONAL PASSPORT OFFICER, MINISTRY OF EXTERNAL AFFAIRS, REGIONAL PASSPORT OFFICE, 80 FEET ROAD, 8TH BLOCK, KORAMANGALA, BENGALURU-560095. Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19960 WP No. 10238 of 2026 3. THE STATE OF KARNATAKA THROUGH THE STATION HOUSE OFFICER, TILAKNAGAR POLICE STATION, BENGALURU-560 041. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. 4. THE STATE OF KARNATAKA THROUGH THE STATION HOUSE OFFICER, MAHADEVPURA POLICE STATION, BENGALURU-560 048. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. …RESPONDENTS [BY SRI. SHANTHI BHUSHAN, DSGI FOR SRI. AJAY PRABHU M., ADVOCATE FOR R1 & R2 (VK NOT FILED) SMT. NAVYA SHEKAR, AGA FOR R3 & R4] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I. TO QUASH THE IMPUGNED ORDER DATED 11.03.2026 IN PASSPORT NO.ZA169032 OF THE PETITIONER, PASSED BY THE RESPONDENT NO.2 AS FOUND AT ANNEXURE-A. II. TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR DIRECTION/S THE RESPONDENT NO.2/AUTHORITY TO PASS ORDER FOR RENEWAL/NEW PASSPORT BEARING NO.ZA169032 OF THE PETITIONER FORTHWITH AS FOUND AT ANNEXURE-C OR PERMIT THE PETITIONER TO TRAVEL FOR 20 DAYS FORTHWITH BY DIRECTING THE RESPONDENT NO.2 TO ISSUE SHORT VALID PASSPORT NO.ZA169032 FOR 20 DAYS OF THE PETITIONER AS FOUND AT ANNEXURE-C. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, FRESH MATTERS LIST, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:19960 WP No. 10238 of 2026 CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned writ petition is instituted assailing the order dated 11.03.2026 passed by respondent No.2– Passport Authority in Passport No. ZA169032, whereby the petitioner’s passport is impounded on the premise that she is involved in four criminal proceedings. Calling in question the legality and propriety of the said action, the petitioner has sought for issuance of a writ of mandamus directing respondent No.2 to renew the passport or, in the alternative, to issue a fresh passport. 2. Heard the learned counsel appearing for the petitioner and the learned Deputy Solicitor General of India appearing for respondent Nos.1 and 2. Perused the material on record. - 4 - HC-KAR NC: 2026:KHC:19960 WP No. 10238 of 2026 3. Learned Deputy Solicitor General, on instructions, would submit that the records disclose pendency of four criminal proceedings against the petitioner. It is further contended that in one of the cases, investigation has culminated in filing of charge sheet in C.C. No.16528/2022. 4. Per contra, learned counsel for the petitioner would vehemently contend that the petitioner’s name does not find place in the charge sheet filed in the said case. He would further draw the attention of this Court to the interim orders passed by this Court in Crime Nos.147/2024, 145/2024 and 358/2023, wherein further proceedings against the petitioner are stayed. Placing reliance on the said interim protection, he would submit that the impugned action of impounding the passport is wholly arbitrary and unsustainable in law. 5. Be that as it may, it is not in dispute that apart from the case in which charge sheet is filed, three other - 5 - HC-KAR NC: 2026:KHC:19960 WP No. 10238 of 2026 criminal proceedings are stated to be pending against the petitioner. However, it is no longer res integra that mere pendency of criminal proceedings or even filing of a charge sheet, in the absence of any restraint order passed by a competent criminal court, cannot be an absolute ground to deny issuance or renewal of a passport. This Court, in a catena of decisions, has consistently held that the right to travel abroad is a valuable right flowing from the guarantee of personal liberty enshrined under Article 21 of the Constitution of India and any restriction on the said right must stand the test of reasonableness. 6. In the present case, the petitioner has placed on record the exigency necessitating travel abroad, namely, to visit the United Kingdom for attending the graduation ceremony of her children scheduled in the first week of May. Having regard to the said bona fide purpose and also taking note of the fact that proceedings in three of the criminal cases are stayed by this Court and that the petitioner’s name is not shown in the charge sheet in the - 6 - HC-KAR NC: 2026:KHC:19960 WP No. 10238 of 2026 remaining case, this Court is of the considered view that a balance is required to be struck between the petitioner’s right to travel and the interest of administration of criminal justice. In such circumstances, though the petitioner may not be entitled to issuance of a regular passport of full validity, the ends of justice would be met by directing issuance of a short validity passport subject to appropriate safeguards. 7. In the light of the settled legal position and the peculiar facts of the present case, this Court is of the opinion that the impugned order cannot be sustained to the extent it results in complete denial of the petitioner’s right to travel. Consequently, appropriate directions are required to be issued to respondent No.2 to consider the petitioner’s case for issuance of a short validity passport. 8. For the foregoing reasons, this Court proceeds to pass the following: - 7 - HC-KAR NC: 2026:KHC:19960 WP No. 10238 of 2026 ORDER (i) The writ petition is allowed; (ii) A writ of mandamus is issued directing respondent No.2–Passport Authority to consider the petitioner’s application for issuance of a short validity passport, ordinarily for a period of one year, 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 Court(s) where the criminal proceedings are pending, and such travel shall be strictly subject to any conditions that may be imposed by the said Court(s); (iv) All contentions of the parties are kept open to be urged in the pending criminal proceedings; (v) In the event the petitioner files appropriate applications before the jurisdictional - 8 - HC-KAR NC: 2026:KHC:19960 WP No. 10238 of 2026 Magistrate(s) seeking permission to travel abroad, the concerned Court(s) shall consider and dispose of the same expeditiously, having regard to the travel schedule and on production of necessary particulars; (vi) It is further observed that, having regard to the nature of allegations and the fact that no heinous offences are indicated in the pending cases, the jurisdictional Court(s) shall endeavour to pass appropriate orders on such applications without undue delay. (vii) Ordered accordingly. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 86