- 1 - NC: 2025:KHC:17709 WP No. 7230 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 7230 OF 2025 (GM-POLICE) BETWEEN: SUJITH KUMAR SHETTY AGED ABOUT 50 YEARS, S/O DEJU SHETTY, R/AT AYARAGUTTU HOUSE, JARKALA MUNDLI GRAMA, KARKALA TALUK, UDUPI DISTRICT – 574 104. …PETITIONER (BY SMT.SWATHI GOPALAKRISHNA HEGDE, ADVOCATE FOR SRI PAVANA CHANDRA SHETTY H., ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY HOME DEPARTMENT, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU – 560 001. 2. THE SUPERINTENDENT OF POLICE UDUPI DISTRICT – 575 101. 3. THE DEPUTY SUPERINTENDENT OF POLICE KARKALA UDUPI DISTRICT – 576 101. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:17709 WP No. 7230 of 2025 4. CIRCLE POLICE INSPECTOR KARKALA CIRCLE, KARKALA, UDUPI DISTRICT – 576 101. 5. POLICE SUB INSPECTOR AJEKARU POLICE STATION, KARKALA, UDUPI DISTRICT – 576 101. 6. STATION HOUSE OFFICER AJEKARU POLICE STATION, KARKALA TALUK, UDUPI DISTRICT – 576 101. …RESPONDENTS (BY SRI RAHUL CARIAPPA K.S., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE 5TH RESPONDENT/ AJEKARU POLICE WITH REGARD TO OPENING ROWDY SHEET AS PER POLICE MANUAL ORDER BEARING ITS NO. 1059(4). AND IF SO, QUASH THE SAME IN THE INTEREST OF JUSTICE AND EQUITY. (THE 5TH RESPONDENT POLICE NOT READY TO FURNISH THE COPY OF SAID ORDER EVEN APPLICATION FILED UNDER RIGHT TO INFORMATION ACT, 2005; QUASH THE POLICE NOTICE BEARING ITS NO. 01/ROWDY HAALE/NOTICE/AJEKARU TANE / 2024 DATED 20.12.2024 PRODUCED AS ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:17709 WP No. 7230 of 2025 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayer: “Wherefore the Petitioner herein most respectfully prays that this Hon'ble Court be pleased to:- (a) Call for the Records from the 5th Respondent/ Ajekaru Police with regard to opening Rowdy sheet as per police manual order bearing its No. 1059(4). And if so, Quash the same in the interest of justice and equity. (The 5th Respondent Police not ready to furnish the copy of said order even application filed under Right to Information Act, 2005. (b) Quash the Police Notice bearing its No. 01/Rowdy Haale/Notice/Ajekaru Tane / 2024 dated 20.12.2024 produced as Annexure - A. (c) Direct the 5th Respondent to pay the compensation of Rs.5,00,000/- for misusing his official capacity while opening Rowdy Sheet against the Petitioner herein. It has caused damage to the Petitioner personal life under the public image guaranteed under Article- 21 of the Constitution of India Right to life with Dignity. (d) Grant such other reliefs as this Hon'ble court may deem fit to grant in the circumstances of the case.” 2. Heard Smt. Swathi Gopalakrishna Hegde, learned counsel for petitioner and Sri Rahul Cariappa, learned Additional Government Advocate for the respondents. - 4 - NC: 2025:KHC:17709 WP No. 7230 of 2025 3. Learned counsel for petitioner submits that in all the cases that are pending against the petitioner have all ended in acquittal except one. 4. Learned Additional Government Advocate submits that the representation of the petitioner would be considered in consonance with the law laid down by the coordinate bench of this Court in W.P.No.4504/2021 and connected matters, disposed on 22.04.2022. 5. The coordinate bench in W.P.No.4504/2021 and connected matters, disposed on 22.04.2022, has held as follows: “6. It is germane to notice that the Co-ordinate Bench in W.P.No.4504/2021 disposed on 22.04.2022 has laid down certain guidelines with regard to inclusion and deletion of the name of the rowdies in the list of rowdies maintained at respective jurisdictional police stations. The guidelines so laid down in the said order passed by the Co-ordinate Bench reads as follows: " GUIDELINES FOR ROWDY/HISTORY SHEETING: i. Before entering the name of an individual to the Register of Rowdies, the jurisdictional police shall collect and collate the material information concerning him and frame the proposal for registration on that basis. ii. A brief proposal notice shall be sent to the individual concerned in a sealed cover with an - 5 - NC: 2025:KHC:17709 WP No. 7230 of 2025 option to submit his representation within two weeks as to why his name should not be registered as a rowdy. However, there is no need to afford a personal hearing. In exceptional cases notice may be dispensed with for reasons to be recorded in the Register of Rowdies. iii. In terms of Clause (5), Order 1059 of the Manual, the Superintendent of Police or the Sub - Divisional Police Officer shall not accord approval for entering the name of individual concerned to the Register of Rowdies without calling for records and objectively considering the same. He shall briefly record his reasons for according the approval and mark a copy thereof to the individual forthwith, with a mention that he may petition the Police Complaints Authority, against the same. iv. The jurisdictional Police shall compulsorily once in two years, undertake a periodic review of entries in the Register of Rowdies suo motu, as provided under Clause (2), Order 1057 of the Manual. However, it is open to the aggrieved, to make a representation at any time after one year of registration, seeking deletion of name from the Rowdy Register on the basis of changed circumstances such as rectitude, good conduct, social/community service, etc. V. The representation for review shall be considered by the jurisdictional Police at the initial level within a period of 30 days, during which necessary inputs may be obtained through the available sources as to merits of the claim. The recommendation shall be sent to the jurisdictional Superintendent of Police or the Sub Divisional Police Officer, within 15 days along with the representation & the material collected thereon. Such recommendation along with the result of consideration of the representation shall be communicated to the individual concerned within next 15 days. vi. Any individual aggrieved by the rejection of his representation or continuation of his name in the Register may petition to the Police Complaints Authority ordinarily within 30 days. However, no personal hearing shall avail. The petition shall be disposed off by recording reasons within an outer limit of 60 days, after considering the - 6 - NC: 2025:KHC:17709 WP No. 7230 of 2025 material on record or the fresh inputs that may be requisitioned, by the authority. vii. The entire process of Rowdy/History Sheeting from the stage of issuance of proposal notice as specified above, up to the issuance of the orders on the petition if any to the Police Complaints Authority, shall be done only in a sealed cover procedure and that nothing therein shall be disclosed nor made available to anyone, except to the aggrieved, nor any Right To Information (RTI) application shall be entertained in this regard. viii. The violation of these guidelines shall constitute a major misconduct and an adverse entry on proof thereof shall be made by the Disciplinary Authority in the Service Register of the erring official after hearing him and a copy thereof shall be marked to the victim of Rowdy Register/History Sheet, without brooking any delay. ix. Whatever guidelines herein above laid down shall be applicable to the case of History Sheeters as well, mutatis mutandis and subject to the provisions of Karnataka Police Manual, 1965." 7. The petitioner has submitted representations on 17.02.2023, which have not yet been considered. Therefore, respondent No.4 - Superintendent of Police, Chitradurga District shall consider those representations and pass appropriate orders, bearing in mind the guidelines so laid down by the Co-ordinate Bench as extracted herein above, within four weeks from the date of receipt of copy of this order, if not earlier.” In the light of the submissions of the learned Additional Government Advocate and the afore-quoted judgment, I direct respondent No.3 to pass necessary orders on considering the - 7 - NC: 2025:KHC:17709 WP No. 7230 of 2025 representation of the petitioner in consonance with the afore- quoted judgment, within twelve weeks from today. 6. With the aforesaid direction, writ petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 2 Sl No.: 32