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Karnataka High Court

Dr.Siddharth Shankar vs Union Of India on 6 February, 2026

Author: B M Shyam Prasad

Bench: B M Shyam Prasad

                                       -1-
                                                  NC: 2026:KHC:7009
                                                WP No. 2344 of 2026


            HC-KAR




            IN THE HIGH COURT OF KARNATAKA AT BENGALURU

             DATED THIS THE 6TH DAY OF FEBRUARY, 2026

                                 BEFORE

            THE HON'BLE MR. JUSTICE B M SHYAM PRASAD

                 WRIT PETITION NO. 2344 OF 2026 (GM-PASS)


            BETWEEN:

                  DR.SIDDHARTH SHANKAR
                  SON OF SRI COL. V UDAYA SHANKAR
                  AGED ABOUT 46 YEARS
                  DENTAL SURGEON
                  RESIDING AT NO. 51, ST. JOHNS ROAD,
                  SHIVAJINAGAR, BENGALURU-560 042.

                                               ...PETITIONER
            (BY SRI. DHEERAJ S J., ADVOCATE FOR
Digitally
signed by         SRI. PAWAN SHYAM A.,ADVOCATE)
VANAMALA
N
Location:
HIGH        AND:
COURT OF
KARNATAKA
            1.    UNION OF INDIA
                  REPRESENTED BY ITS
                  GENERAL SECRETARY,
                  MINISTRY OF EXTERNAL AFFAIRS,
                  KARNATAKA BHAVAN 3,
                  RAISINA HILL,
                  GOVERNMENT OF INDIA - 110002
                             -2-
                                           NC: 2026:KHC:7009
                                         WP No. 2344 of 2026


HC-KAR




     NEW DELHI.

2.   REGIONAL PASSPORT AUTHORITY,
     80 FEET ROAD, 8TH BLOCK,
     KORAMANGALA,
     BANGALORE 560 095,
     REPRESENTED BY ITS
     REGIONAL PASSPORT OFFICER.

                                    ...RESPONDENTS
(BY SMT. RESHMA KT., CGC FOR R1 AND R2)


     THIS WP IS FILED UNDER ARTICLES 226 OF

THE CONSTITUTION OF INDIA PRAYING TO-DIRECT

THE RESPONDENT NO. 2 (REGIONAL PASSPORT

AUTHORITY) TO IMMEDIATELY WITHDRAW THE

OBJECTION         BEARING         REFERENCE       NO.

OB1/1049574275/25      RAISED       IN   ITS   LETTER

DATED    14-07-2025    VIDE       ANNEXURE-D     AND

PROCEED FORTHWITH TO CONSIDER.



     THIS PETITION, COMING ON FOR ORDERS,

THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
                              -3-
                                            NC: 2026:KHC:7009
                                        WP No. 2344 of 2026


HC-KAR




CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD

                    ORAL ORDER

The petitioner seeks directions to the second respondent [the Regional Passport Authority] to withdraw objections and issue passport. The second respondent has refused to issue passport because of the pending criminal proceedings. Mr.Pawan Shyam A., the learned counsel for the petitioner, does not dispute that there is a pending criminal proceedings in CC No.52697/2020.

However, the learned counsel contends that this Court has stayed all further proceedings in Criminal Petition No.2851/2023 and therefore, there is no justification for the second respondent to refuse to issue passport to the petitioner. The learned counsel proposes to rely upon certain decisions of the Courts to contend that the second respondent cannot refuse to issue passport and that this Court must intervene.

-4-

NC: 2026:KHC:7009 WP No. 2344 of 2026 HC-KAR However, this Court is of the considered view that whether the petitioner should travel abroad or not is a question that must be decided by the Court which is seized of the challenge against the allegations against him and then permit the petitioner to travel. If the petitioner is so permitted, there would be no justification for the second respondent to refuse the permission to travel abroad or renew the passport. When queried in this regard, Mrs. Reshma K. T., the learned Central Government Counsel for the second respondent, submits that if indeed the petitioner files a copy of the order permitting him to travel, the second respondent will issue Short Validity Passport within a week from the date from which such copy is furnished.

In the light of the afore, the petition is disposed of reserving liberty to the petitioner to file an application in Criminal Petition No.2851/2023 for permission to travel abroad and directing the second -5- NC: 2026:KHC:7009 WP No. 2344 of 2026 HC-KAR respondent to issue Short Validity Passport within a week from the date on which the petitioner files a copy of the order that may permit him to travel.

Sd/-

(B M SHYAM PRASAD) JUDGE SA ct:sr