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2026 Supreme(Online)(Kar) 21285
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 16TH DAY OF MARCH, 2026
BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
WRIT PETITION NO.101153 OF 2026 (GM-RES)
BETWEEN:
SUNIL S/O. NAGAPPA TUMBAGI, AGE. 36 YEARS, OCC. ENGINEER, R/O. AT. INGOLSTADT, GERMANY, ORIGINALLY FROM, LAXMINAGAR, AMINGAD, TQ. HUNGUNDA, DIST. BAGALKOT-587112.…PETITIONER
(BY SRI. SHAKTI PRASAD AKKI, ADVOCATE FOR SRI. JAGADISH PATIL, ADVOCATE)
AND:
1. THE UNION OF INDIA, M B O S H H E A L N A K R UMAR R M E IN PR IS E T S R E Y N T O E F D E B X Y T E I R T N S A C L H A IE F F F A S I E R C S R , ETARY, NO.201, 1ST FLOOR, PATIALA HOUSE, DMSH iOg E iHt L aAA llNR y KsUigMneA dR b By A NNEXE, NEW DELHI-110001.D15a:t5e1: :24042 +6.00533.207
2.B TH U E R E J A O U IN O T F D I I M R M EC IG T R O A R T , ION, KEMPEGOWDA INTERNATIONAL AIRPORT, DEVANAHALLI, BENGALURU-560300.
3. THE BUREAU OF IMMIGRATION, REPRESENTED BY STATE INTELLIGENCE CENTRE, SIC, KEMPEGOWDA INTERNATIONAL AIRPORT, DEVANAHALLI, BENGALURU-560300.
4. THE STATION OFFICER, REPRESENTED BY SPP, KEMPEGOWDA INTERNATIONAL AIRPORT, (KIA), BENGALURU-560018.
5. THE SUPERINTENDENT OF POLICE, UTTARA KANNADA DISTRICT, M.G. ROAD, KAJUBAG, KARWAR-581301.…RESPONDENTS
(BY SRI. VENKATESH M.KHARVI, ADVOCATE FOR R1 TO R3; SRI. T. HANAMAREDDY, ADDL. GOVT. ADV. FOR R4 AND R5)
Sd/-
(ASHOK S. KINAGI)
JUDGE
R Li H st R N /- o C . T : : 2 U S M l D N o.: 3
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.5, I.E., ORIGINATOR OF THE LOOK OUT CIRCULAR I.E., SUPERINTENDENT OF POLICE UTTARA KANNADA, KARWAR, TO REQUEST THE RESPONDENT NO.3, I.E., BUREAU OF IMMIGRATION TO RECALL/DELETE LOOKOUT CIRCULAR BEARING ORIGINATOR’S, REFERENCE NO. DSB/LOC-01/2024 DATED 19.01.2024, ISSUED IN CONNECTION WITH CRIME NO.37/2024 UTTARA KANNADA WOMEN’S POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 323, 504, 506 R/W 149 AND UNDER SECTION 3 AND 4 OF DOWRY PROHIBITION ACT, 1961, ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND CJM, KARWAR, AND CONSEQUENTLY DECLARE THE ACTION OF RESPONDENT NO.5 ISSUING OF LOOK OUT CIRCULAR (LOC) AGAINST THE PETITIONER AS ILLEGAL AND ARBITRARY, AND FORTHWITH THE PETITIONER TO TRAVEL ABOARD, VIDE ANNEXURE-B AND ETC.,.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)
1. The petitioner has filed this petition seeking a direction to respondent No.5, the originator of the Look Out Circular (LOC), i.e., the Superintendent of Police, Uttara Kannada, Karwar, to request respondent No.3 to recall the Look Out Circular dated 19.01.2024 issued in connection with Crime No.37 of 2024 of Uttara Kannada Women Police Station for the offences punishable under Sections 498A, 323, 504 and 506 read with Section 149 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, pending on the file of the learned Principal Senior Civil Judge and CJM, Karwar. The petitioner has also sought to declare the action of respondent No.5 in issuing the Look Out Circular against the petitioner as illegal and arbitrary, and consequently, permit the petitioner to travel abroad, as sought for in Annexure-B.
2. Brief facts, leading rise to filing of this petition are as follows:
3. The petitioner and one Akshata got married as per the Hindu customs and traditions. The marital life of the petitioner and his wife was strained, and troubled from its very inception. The petitioner filed a matrimonial case on 10.10.2023 seeking decree for divorce on the grounds of cruelty and desertion. Thereafter, the wife, Smt.Akshata, as a counterblast lodged a complaint on 05.11.2023 against the petitioner and his family members alleging that they had demanded dowry and subjected her to mental and physical cruelty. Based on the said complaint, the Uttara Kannada Women Police Station registered an FIR in Crime No.37/2023 for the offences punishable under Sections 498A, 323, 504 and 506 read with Section 149 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
Subsequently, a charge sheet was filed in the said crime.
4. The petitioner, owing to a medical emergency concerning his father, arrived in India on a one-year E-Visa and landed at Kempegowda International Airport, Bengaluru, having travelled from Germany via Abu Dhabi. The petitioner was holding a valid return ticket to Germany dated 08.02.2026, which was within the permissible period of stay under the E-Visa, permitting a maximum stay of 90 days at a time and an aggregate stay of 180 days with multiple entries. Immediately upon arrival, the petitioner was detained by the Immigration Authorities based on the Look Out Circular. Thereafter, he was handed over to the Kempegowda International Airport Police Station and the originator of the Look Out Circular was informed. The petitioner, aggrieved by the issuance of the Look Out Circular bearing reference No.DSB/LOC-01/2024 dated 19.01.2024 issued by respondent No.5, filed this writ petition.
5. Heard the arguments of the learned counsel for the petitioner, learned Assistant Solicitor General of India, and learned Additional Government Advocate for the parties.
6. Learned counsel for the petitioner submits that the action of respondent No.5 in issuing the Look Out Circular is arbitrary and viol
