Karnataka High Court

WP/100861/2026 of SHRI SHANTAPPA S/O ARUN KORAVAR Vs THE STATE OF KARNATAKA on 19 February 2026

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NC: 2026:KHC-D:2649 WP No. 100861 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.100861 OF 2026 (GM-POLICE) BETWEEN: SHRI. SHANTAPPA S/O. ARUN KORAVAR, AGE. 23 YEARS, OCC.

HC-KAR

IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

DATED THIS THE 19TH DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

WRIT PETITION NO.100861 OF 2026 (GM-POLICE)

BETWEEN:

SHRI. SHANTAPPA S/O. ARUN KORAVAR,

AGE. 23 YEARS, OCC. COOLIE,

R/O. KORAVAR ONI, TQ. AND DIST. HAVERI-581 110.

…PETITIONER

(BY SRI. VIDYASHANKAR G.DALWAI, ADVOCATE)

AND:

1.

THE STATE OF KARNATAKA,

REPRESENTED BY ITS PRINCIPAL SECRETARY,

DEPARTMENT OF HOME, VIDHANA SOUDHA,

BENGALURU-560001.

2.

THE DEPUTY DIVISIONAL OFFICER

AND SPECIAL EXECUTIVE MAGISTRATE,

HAVERI SUB DIVISION, DIST. HAVERI-581 110.

3.

THE SUB-POLICE INSPECTOR,

HAVERI POLICE STATION,

TQ. AND DIST. HAVERI-581 110.

…RESPONDENTS

(BY SRI. T. HANUMAREDDY, ADDL. GOVT. ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227

OF CONSTITUTION OF INDIA, PRAYING TO 1. ISSUE A WRIT IN

NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER BEARING

NO. MAG:GADIPAAR/WAHI/10/2025-26 DATED 12.01.2026 PASSED

BY THE RESPONDENT NO.2 FOR EXTERNMENT VIDE ANNEXURE-E IN

THE INTEREST OF JUSTICE AND EQUITY. 2. ISSUE SUCH OTHER WRIT

OR GIVE SUCH OTHER DIRECTION AND PASS SUCH OTHER ORDER AS

THIS HON’BLE COURT DEEMS FIT AND PROPER IN THE FACTS AND

CIRCUMSTANCES OF THE CASES.

Digitally signed by

MALLIKARJUN

RUDRAYYA

KALMATH

Location: HIGH

COURT OF

KARNATAKA

HC-KAR

THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM:

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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ORAL ORDER

The present writ petition is filed seeking the following prayer: “1. Issue a writ in nature of Certiorari quashing the impugned order bearing No. MAG:GADIPAAR/WAHI/10/2025-26 dated 12.01.2026 passed by the Respondent No.2 for externment vide Annexure-E in the interest of justice and equity.

2. Issue such other writ or give such other direction and pass such other order as this Hon’ble Court deems fit and proper in the facts and circumstances of the cases.”

2. Respondent No.2 has passed the order dated 12.01.2026 under Section 56 of the Karnataka Police Act, 1963 (for short, ‘the Act’) and directed the petitioner for externment from Haveri District to Kalaburagi District for a period of 6 months. Further directed the Police Officials to ensure strict enforcement of the externment and authorise arrest under Section 61 of the Act if the petitioner re-enters Haveri District during the externment and limited permission is granted for the

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petitioner only to enter the district for attending pending court cases and that too for the duration of the hearing dates.

3. Learned counsel appearing for the petitioner submits that, the petitioner's marriage is scheduled tomorrow i.e. on 20.02.2026. Hence, it is submitted that, there may be stay of all further proceedings pursuant to the order dated 12.01.2026 passed by respondent No.2.

4. Learned Additional Government Advocate appearing for the respondents submits that, the writ petition is not maintainable in view of Section 59 of the Karnataka Police Act, 1963, wherein, the petitioner has an alternative remedy of approaching the Government.

5. Having heard the learned counsel appearing for the petitioner and learned AGA, perused the material on record. This Court has disposed of several petitions directing the affected persons to avail the alternative remedy under Section 59 of the Karnataka Police Act, 1963. However, considering the fact that the petitioner’s marriage is taking place tomorrow i.e. on 20.02.2026, this Court is passing the following:

HC-KAR

ORDER

(i) Accordingly, the writ petition is disposed of directing the petitioner to avail the alternative remedy available to him under Section 59 of the Karnataka Police Act, 1963.

(ii) The respondents are directed not to give effect to this order for a period of 10 days i.e. from today 19.02.2026 to 28.02.2026.

(iii) All I.As. in this writ petition shall stand closed.

Sd/- JUSTICE LALITHA KANNEGANTI

RH CT:UMD List No.: 2 Sl No.: 1

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