SHRI. SHANTAPPA v. THE STATE OF KARNATAKA
Case at a glance
Outcome
Disposed of
Accordingly, the writ petition is disposed of
Provisions considered
- Constitution of India arts. 226, 227
- Karnataka Police Act, 1963 ss. 56, 59
Judgment
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:
THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU-560001.
THE DEPUTY DIVISIONAL OFFICER AND SPECIAL EXECUTIVE MAGISTRATE, HAVERI SUB DIVISION, DIST. HAVERI-581 110.
THE SUB-POLICE INSPECTOR, HAVERI POLICE STATION, TQ. AND DIST. HAVERI-581 110. MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA …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. - 2 - NC: 2026:KHC-D:2649 WP No. 100861 of 2026 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 ORAL ORDER The present writ petition is filed seeking the following prayer: “1. Issue a writ in nature of Certiorari quashing the impugned 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. bearing
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 - 3 - NC: 2026:KHC-D:2649 WP No. 100861 of 2026 HC-KAR 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.
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.
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
Operative part
20.02.2026, this Court is passing the following: - 4 - NC: 2026:KHC-D:2649 WP No. 100861 of 2026 HC-KAR ORDER (i) Accordingly, the writ petition is disposed of directing the petitioner to avail 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
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the writ petition is disposed of
Which statutory provisions did this judgment involve?
Constitution of India — arts. 226, 227; Karnataka Police Act, 1963 — ss. 56, 59.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.