Right Of Appeal Under Karnataka Police Act Can't Be Defeated By Immediate Enforcement Of Externment Order: High Court

The Karnataka High Court on Tuesday [May 26] stayed an externment order passed under the Karnataka Police Act, 1963, against a person allegedly involved in illegal cricket betting, holding that the order cannot be implemented on the same day it is issued, as the statute provides a 30-day window to file an appeal under Section 59 of the Act.

The single-judge bench of Justice Lalitha Kanneganti stayed the operation of the externment order passed against 34-year-old Bharath Jayaram Das, who was directed to leave Udupi district and remain within Kengeri police station limits in Bengaluru, after noting that the order was executed immediately without allowing the petitioner to avail his statutory right of appeal.

“…The right of appeal under Section 59 of the Karnataka Police Act, 1963 is available for 30 days…But the order of externment was implemented on the same day as the issuance of the order itself…The impugned order discloses that it revolves around the betting activities of the petitioner….Without affording the right of appeal under the KP Act, the order of externment can't be implemented….The second respondent's action of externing the petitioner cannot be sustained…The right of appeal under Section 59 is there to protect the interests of the petitioner…The petitioner shall approach the first respondent(state home department) by 12.06.2026 to prefer an appeal. Until then, the order of externment shall not be given effect”, the single judge bench noted in its order today.

The Udupi district police had earlier externed 34-year-old Bharath Jayaram Das to Bengaluru, citing his alleged involvement in multiple illegal cricket betting rackets. He currently has three active criminal cases under Section 112 BNS[Petty Organised Crime] pending against him at Kota and Kundapura Police Stations, as he admitted before the High Court today.

The accused, a resident of Moodubirti from Varamballi village in Brahmavar taluk, faced the brunt of the externment order issued by the police department to prevent him from carrying out further gambling activities. The order had directed the accused to remain within the Kengeri police station limits at Bengaluru.

The plea before the High Court sought quashing of the impugned externment order passed by the Udupi Special Executive Magistrate- Superintendent of Police dated May 14, 2026.

Bharath submitted that he had been wrongly targeted since he belonged to Bajrangdal. The counsel further told the court that being a member of an organisation that's not banned could not be the ulterior reason for externment.

According to the petitioner, the show cause notice issued to him cited three FIRs registered for betting. The show cause notice further mentioned that the petitioner was carrying out betting activities in public places and disturbing the public tranquillity.

Allegedly, after the issuance of a show-cause notice, the petitioner appeared before the respondent authorities, and it was ordered without any sound reasoning that the petitioner be externed for six months from the Udupi District.

The petitioner told the single judge bench that the impugned externment order passed under Section 55(a) of the Karnataka Police Act (1963) curtailed his right to life and personal liberty.

Under Section 59 of the KP Act, the right to appeal provides 30 days to challenge the externment order, whereas the impugned order and its operation were effected on the day of its issuance, contrary to the law, further submitted the petitioner.

The respondent-State vehemently argued that the petitioner was actively and continuously involved in betting activities, and hence the order was rightfully enforced.

Case Title: Bharath Jayrama v. State of Karnataka

Case No: WP 15663/2026