Karnataka High Court
WP/30366/2026 of SRI.BHARATH.R Vs THE STATE OF KARNATAKA on 25 September 2026
CNR: KAHC010667032026 NC: 2026:KHC:53203 WP No. 30366 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 30366 OF 2026 (GM-POLICE) BETWEEN: SRI. BHARATH R. S/O RAMU AGED ABOUT 27 YEARS,
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 30366 OF 2026 (GM-POLICE)
BETWEEN:
SRI. BHARATH R.
S/O RAMU
AGED ABOUT 27 YEARS,
R/AT, NO.164, SOCIETY ROAD,
KOORGALLI VILLAGE, MYSORE - 570 018
…PETITIONER
(BY SRI. GAURAV SUBRAMANYAM, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
BY DEPUTY COMMISSIONER OF POLICE
MYSORE CITY
REP. BY SPP
HIGH COURT BUILDING
BENGALURU - 01
2.
POLICE INSPECTOR
VIJAYNAGAR POLICE STATION
MYSORE CITY - 570 001
…RESPONDENTS
(BY SRI. HARISHA A.S., AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO-QUASHING THE
IMPUGNED ORDER IN CASE NO.MAG(2)/EXTERNMENT/17/2026
DATED 21.08.2026 (ANNX-A) PASSED BY THE R1 ETC.
HC-KAR
THIS
PETITION,
COMING
ON
FOR
PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
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ORAL ORDER
The present writ petition is filed seeking for the following reliefs: "a) Issue writ of certiorari or in the nature thereof or any other appropriate writ, quashing the impugned order in case No. MAG(2)/EXTERNMENT/17/2026 dated 21.08.2026 (Annexure-A) passed by the respondent No.1.
b) Pass such an order which is deemed to be fit in the nature and circumstance of the above case, in the interest of justice and equity. "
2. It is a case of the petitioner that consequent to the notice dated 01.08.2026, he appeared before respondent No.1
- Deputy Commissioner of Police on 17.08.2026. However, no objections have been filed.
3. It is the contention of the learned counsel for the petitioner that without giving any further opportunity the impugned order dated 21.08.2026 (Annexure-A to the writ petition) has been passed. Hence, it is contended that the
HC-KAR
petitioner did not have an adequate opportunity to contest the proceedings initiated against him, consequent to which the impugned order dated 21.08.2026 (Annexure-A to the writ petition) has been passed.
4. It is forthcoming that the impugned order is passed under Section 55 of the Karnataka Police Act, 19631. The said order adversely affects the rights of the petitioner. The petitioner not having contested the said proceedings, it is expedient that another opportunity be afforded to the petitioner to contest the same.
5. It is further contented that respondent No.1 does not have the jurisdiction to issue the notice as also the impugned order dated 21.08.2026 having regard to the judgment of the Co-ordinate Bench of this Court in the case of Chandrakant Shankar Vaddar v State of Karnataka & Others2.
6. In view of the aforementioned, the relief sought for in the present writ petition merits consideration.
7. Accordingly, the following:
1 Hereinafter referred as to 'Act' 2 WP No.104096/2026 - order DD 24.08.2026
HC-KAR
ORDER
i. The writ petition is allowed; ii. The impugned order bearing No. MAG(2)/EXTERNMENT/17/2026 dated 21.08.2026 passed by respondent No.1 - Deputy Commissioner of Police (Annexure-A to the writ petition) is hereby quashed; iii. Liberty is reserved to the concerned respondents to initiate appropriate proceedings in accordance with law; iv. All the contentions of the parties on the merits of the matter are kept open to be considered in appropriate proceeding.
(C.M. POONACHA) JUDGE
PNV List No.: 1 Sl No.: 13