IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 33145 OF 2025 (GM-PASS)

BETWEEN:

SRI IVAN MIRANDA, S/O JOHN MIRANDA, AGED ABOUT 57 YEARS, R/AT. MIRANDA GREEN VIEW, RANGANAPALKE, KOWDOORU VILLAGE, KARKALA TALUK, UDUPI DISTRICT -572 101 …PETITIONER (BY SRI K PRASANNA SHETTY, ADVOCATE)

AND:

1. UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, REP. BY ITS SECRETARY TO GOVERNMENT OF INDIA, SOUTH BLOCK, NEW DELHI-110 001.

Digitally signed by SHWETHA 2. PASSPORT AUTHORITY OF INDIA, RAGHAVEND RA REP. BY ITS CHIEF PASSPORT OFFICER, Location: HIGH PSP DIVISION, COURT OF MINISTRY OF EXTERNAL AFFAIRS, KARNATAKA ROOM NO. 8, PATIALA HOUSE, TILAK MARG, NEW DELHI-110 001. 3. REGIONAL PASSPORT OFFICE, REP. BY ITS REGIONAL PASSPORT OFFICER, 6^TH BLOCK, 80 FEET ROAD, KORAMANGALA, BENGALURU-560 095.

4. STATE OF KARNATAKA, BY KARKALA POLICE STATION, UDUPI DISTRICT - 574 101.

REP. BY THE STATE PUBLIC PROSECUTOR OF HIGH COURT OF KARNATAKA, AT BENGALURU-560 001.

…RESPONDENTS (BY SRI SHANTHI BHUSHAN H, DSGI FOR R-1 TO R-3;

SRI B RAVIDRANATH, AGA FOR R-4)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION PRAYING TO-QUASH THE OBJECTION(S)/ENDORSEMENT WITH REFERENCE TO PASSPORT APPLICATION NO. BN4075069711825 DATED 03.06.2025 IN NO.

OBJ/1049257706/2025 ISSUED BY R-3 (ANNEXURE-A) ETC.

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

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. The Petitioner is before this Court seeking for the following reliefs:

a) Issue a Writ of Certiorarior any other appropriate writ, order or direction to quash the objection(s)/endorsement with reference to Passport Application No.BN4075069711825 dated 03.06.2025 in No.OBJ/1049257706/25 issued by Respondent No.3 (Annexure–A).

b) Issue a Writ of Mandamusor any other appropriate writ, order or direction directing Respondents No.2 and 3 to forthwith renew the Petitioner’s Passport bearing No.K9151175.

c) Pass such other or further orders as this Hon’ble Court may deem fit in the interest of justice and equity.

2. The Petitioner had been issued a passport on

28.03.2013 which expired on 27.03.2023. The period of validity having lapsed, the Petitioner submitted an online application for renewal of his passport on 22.05.2025, which was not so renewed on account of a criminal case in Crime No.140/2023 registered by Karkala Town Police Station for the offences punishable under Sections 447 and 505 r/w 34 of the IPC. Charge sheet having been laid and the same is now registered as C.C.No.2093/2023 which has in turn been stayed by this Court in W.P.No.10115/2024 vide order dated 04.04.2024.

3. The submission of learned counsel for the Petitioner is that the Petitioner's right to liberty under Article 21 of the Constitution of India, which includes right to travel, is adversely affected by non-issuance of the passport.

4. The submission of Sri Shanthi Bhushan, learned DSGI for the Respondents No.1 to 3 is that the non-

issuance of the passport when criminal proceedings are pending is a reasonable restriction on right to travel since it is apprehended that the Petitioner may absent himself from the trial being conducted.

5. Having heard both the counsel, I am of the considered opinion that the right to travel cannot be impinged upon evenly because there are criminal proceedings which are pending and as such, a short validity passport could be issued so that the Petitioner even if he were to travel abroad would be required to come back to the Country by a time the passport expires.

6. The interest of the State could also be protected by imposing further condition on the Petitioner that before leaving the Country the petitioner has to obtain necessary permission from the Court seized of C.C.No.2093/2023 and comply with the conditions that may be imposed therein.

7. However, one other issue that arises in respect to this would be as to how the immigration A