- 1 - HC-KAR NC: 2026:KHC:16545 WP No. 6867 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 6867 OF 2026 (GM-PASS) BETWEEN: MR. RAKSHITH KUMAR GUBBI S/O, JALAJAKSHI, AGED ABOUT 36 YEARS R/AT, 215B/9, GADDEMANE, AKG ROAD, NEAR SHRIDEVI NURSING HOME, VADERAHOBLI, UDUPI 576 201 …PETITIONER (BY SRI. SHRIRAMA ADIGA, ADVOCATE) AND: 1. UNION OF INDIA MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, NEW DELHI- 110 001 REPRESENTED BY ITS SECRETARY SOUTH 2. THE STATE OF KARNATAKA DEPARTMENT OF HOME AFFAIRS, M.S. BUILDING, DR. B.R. AMBEKAR VEEDHI, BENGALURU-560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY 3. THE REGIONAL PASSPORT OFFICE 8TH BLOCK, 80 FEET ROAD, KORAMANGALA, BANGALORE - 560 095. REP. BY REGIONAL PASSPORT OFFICER 4. THE COMMISSIONER OF POLICE, COMMISSIONER OF POLICE OFFICE, 8PVQ C76, OLD DC OFFICE ROAD, BANNANJE CIRCLE, BANNANJE, UDUPI, KARNATAKA 576101 Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:16545 WP No. 6867 of 2026 5. THE STATION HOUSE OFFICER, KUNDAPURA PS UDUPI DISTRICT - 576 201 …RESPONDENTS (BY SMT. SWAMINI GANESH MOHANAMBAL, CGC FOR R1; SMT.NAVYA SHEKAR, AGA FOR R2, R4 AND R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS TO R-3 TO CONSIDER THE LETTER GIVEN BY THE PETITONER DTD. 09.01.2026 VIDE ANNEXURE-D. 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 captioned petition is filed seeking a writ in the nature of mandamus to direct the respondent No.3 to consider petitioner's letter/request dated 09.01.2026 vide Annexure-D and renew the petitioner's passport bearing No.L8332543 for a full validity passport as per the order passed by the jurisdictional Magistrate as per Annexure-B. 2. Heard the learned counsel for the petitioner, learned Central Government Counsel appearing for - 3 - HC-KAR NC: 2026:KHC:16545 WP No. 6867 of 2026 respondent No.1 and learned Additional Government Advocate appearing for respondent Nos.2, 4 and 5. 3. Learned Central Government Counsel for the Union of India, referring to the order passed by the jurisdictional Magistrate before whom the criminal proceedings are pending, would submit that the Magistrate has granted no objection for issuance of passport. However, she would point out that no specific period is stipulated in the said order. In the absence of any stipulated period by the jurisdictional Magistrate, the competent authority is required to advert to clause (f) of sub-section (2) of Section 6 of the Passports Act, 1967, and in such circumstances, only a short validity passport, ordinarily not exceeding one year, can be issued. 4. Referring to the said statutory provision, she would further submit that pursuant to the order of the jurisdictional Magistrate, the passport authorities have issued a short validity passport commencing from - 4 - HC-KAR NC: 2026:KHC:16545 WP No. 6867 of 2026 25.10.2024 and valid till 24.10.2025. She would contend that the petitioner, having already obtained a short validity passport, is now seeking issuance of a full validity passport based on a subsequent order dated 19.09.2025. Since the petitioner is facing criminal proceedings and has been charge-sheeted, the request for issuance of a full validity passport is misconceived and untenable in law. 5. Having heard the learned counsel for the parties and on perusal of the material on record, this Court is of the considered view that pursuant to the order passed by the jurisdictional Magistrate, the passport authority has already issued a short validity passport for the period from 25.10.2024 till 24.10.2025. If the petitioner seeks issuance of a full validity passport, it is open to him to approach the jurisdictional Magistrate and seek appropriate orders, including exemption or permission for issuance of a passport of full validity. In the absence of such an order, no direction can be issued to the passport authority. - 5 - HC-KAR NC: 2026:KHC:16545 WP No. 6867 of 2026 6. The petition being devoid of merits is liable to be dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 69