Petitioner challenged an externment order barring him from Shivamogga District for six months under Section 55 of the Karnataka Police Act. Holding there was no material of public property destruction or acts causing alarm or danger to the community, the High Court quashed the externment order, reserving liberty to police to act as permitted in law.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 19348 OF 2024 (GM-POLICE)
BETWEEN:
SRI TEJAS S/O LATE RAVIKUMAR, AGED ABOUT 20 YEARS, RESIDING AT MAHAVEERA CIRCLE, JALIGADDE KARGAL, SAGAR TALUK SHIVAMOGGA DISTRICT 577 421
…PETITIONER
(BY SRI. M V MANJUNATHA, ADVOCATE)
AND:
Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. SHAMANTH NAIK, HCGP)
NC: 2024:KHC:36513 WP No. 19348 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH IMPUGNED ORDER DTD 04.05.24 BEARING NO. MAG/ EXTERNMENT /05/24-25 PASSED BY THE ASSISTANT COMMISSIONER SAGARA SUB-DIVISION, SHIVAMOGGA DISTRICT AS PER ANNEXURE-A TO THE WP AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The petitioner challenges the externment order dated 04.05.2024, passed by respondent No. 2 under the powers conferred by Section 55 of the Karnataka Police Act, 1963, by which the petitioner was prohibited from entering Shivamogga District for a period of six months from the date of the order. The proceedings were initiated based on nine criminal cases pending against the petitioner for various offences under the IPC, as well as an order passed under Section 107 of the Cr.P.C. The petitioner has been acquitted in three criminal cases, and in three proceedings under Section 107, the petitioner was directed to execute indemnity bonds for good behaviour. As of today, two cases are pending against the petitioner for offences under Sections 323, 324, 504, and 506 of the IPC, with the most recent incident occurring on 16.01.2023.
NC: 2024:KHC:36513 WP No. 19348 of 2024
destruction of public property, and that he has a habit of engaging in similar offences.
NC: 2024:KHC:36513 WP No. 19348 of 2024
ORDER
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE
RKA
1 issue framed by the court
Whether the externment order under Section 55 of the Karnataka Police Act was justified on the material available against the petitioner.
Colour shows how this judgement treated each authority
Basappa Ghaviyappa vs. State of KarnatakaRelied on
1976(2) Kar.L.J. 329
4 provisions across 4 enactments
Sri Tejas S/o Late Ravikumar
State of Karnataka, Department of Home, rep by Secretary
Assistant Commissioner, Sagara Sub-Division
Superintendent of Police, Shivamogga District
Deputy Superintendent of Police, Sagar Division
Station House Officer, Korgal Police Station
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
