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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 04^TH DAY OF DECEMBER, 2023

BEFORE

THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

WRIT PETITION No.24269 OF 2023 (GM - PASS)

BETWEEN:

SANTHOSH BEEJADI SRINIVASA

S/O SRINIVASA RAO B.G.,

AGED ABOUT 43 YEARS

R/AT ‘SRI KRISHNA’

BESIDE VIJAYASHREE MOTORS

SIRA ROAD, BEHIND BAVIKATTE CHOULTRY

TUMAKURU – 572 101.

... PETITIONER

(BY SRI.KARTHIK YADAV U., ADVOCATE)

AND:

1.

UNION OF INDIA

MINISTRY OF EXTERNAL AFFAIRS

REGIONAL PASSPORT OFFICE

BENGALURU

REPRESENTED BY

REGIONAL PASSPORT OFFICER

8^TH BLOCK, 80 FEET ROAD

KORAMANGALA

BENGALURU – 560 095.

2.

THE REGIONAL PASSPORT OFFICE

PASSPORT SEVA KENDRA

SAI ARCADE, SURVEY NO.56/P

R

2

DEVARABISANAHALLI

OUTER RING ROAD, BENGALURU

KARNATAKA – 560 103

REPT. BY ITS GRANTING OFFICER.

3.

STATE OF KARNATAKA

BY TUMAKURU TOWN POLICE

TUMAKURU – 572 101

REPT. BY SPP, HIGH COURT OF KARNATAKA

BENGALURU – 560 001.

... RESPONDENTS

(BY SRI SHIVAPRASAD SHANTANAGOUDAR, CGC FOR R1 AND R2;

SRI KIRAN KUMAR, HCGP FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE

IMPUGNED ACKNOWLEDGMENT DTD 20.09.2023 ISSUED BY R-2

VIDE ANNX – A; DIRECTING THE R-1 AND 2 TO ISSUE NORMAL

VALIDITY PASSPORT HAVING VALIDITY PERIOD OF TEN YEARS AS

CONTEMPLATED UNDER THE RULES.

THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED

FOR ORDERS ON 28.11.2023, COMING ON FOR PRONOUNCEMENT

THIS DAY, THE COURT MADE THE FOLLOWING:-

ORDER

The petitioner is knocking at the doors of this Court calling in

question acknowledgment dated 20-09-2023 issued by the 2^nd

respondent/Regional Passport Office declining to issue a normal

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validity passport for a period of ten years to the petitioner, on its

re-issuance.

2. Facts adumbrated are as follows:-

The petitioner is an employee working in the cadre of Senior

Manager (Process and Planning) at Mann+Hummel Filter Private

Limited, Tumakuru. The petitioner was issued a normal passport

like any citizen of the nation which was to be valid for a period of

ten years from 11-04-2014 to 10-04-2024. During the said period

the petitioner gets embroiled in a crime registered for offences

punishable under Sections 302, 201, 120-B and 182 r/w 34 of the

IPC. The petitioner is arrayed as accused No.2 and his father and

wife are arrayed as accused Nos. 1 and 3. The said proceedings are

pending trial in S.C.No.28 of 2017 before the VI Additional District

and Sessions Judge, Tumakuru. When the crime was registered, the

petitioner preferred an application under Section 439 of the Cr.P.C.,

before the learned Sessions Judge. The learned Sessions Judge, by

an order dated 27-04-2015, imposing certain conditions permitted

travel of the petitioner by directing him to obtain prior permission

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at every point of travel from the Court of Sessions. It appears that

the petitioner has at every point in time sought permission and

travelled abroad on his work.

3. The issue in the present case is not concerning permission

to travel. As observed hereinabove, the validity of the passport

issued

to

the

petitioner

on

11-04-2014

would

expire

on

10-04-2024. The petitioner possesses a Schengen VISA which is

valid up to 26-08-2014 but he is not permitted to travel on the

score that validity of the passport has come down to less than six

months. Therefore, he makes an application for re-issuance of the

passport. The application is returned by declining re-issuance on

hold on account of criminal case pending trial before the competent

Court. This is communicated to the petitioner through an

acknowledgement letter which is impugned in the subject petition.

4. Heard Sri U.Karthik Yadav, learned counsel appearing for

petitioner and Sri Shivaprasad Shantanagoudar, learned Cent