- 1 - HC-KAR NC: 2025:KHC-D:10275 WP No. 104618 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF AUGUST 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.104618 OF 2025 (GM-POLICE) BETWEEN: SRI. MANJUNATH S. GUNDAPPANAVAR, S/O. SAHADEVA GUNDAPPANAVAR, AGE: 31 YEARS, OCC: PRIVATE WORK, R/O: DASARA ONI, BHAIRIDEVARAKOPPA HUBBALLI – 580 025, DIST: DHARWAD. …PETITIONER (BY SRI. SHUBHENDU A. AKALWADI, SRI P. VADIRAJA, JANET O’CONNOR AND SRI. DR. MANJUNATH HONGALAD, ADVOCATES) AND: 1. THE GOVERNMENT OF KARNATAKA, REPRESENTED BY ITS HOME SECRETARY, VIDHANA SOUDHA, BENGALURU – 560 001. 2. THE COMMISSIONER OF POLICE, HUBBALLI DHARWAD POLICE COMMISSIONER OFFICE, PB ROAD, NAVANAGAR, HUBBALLI – 580 025. 3. THE ASSISTANT COMMISSIONER OF POLICE, HUBBALLI NORTH SUB DIVISION, HUBBALLI CITY – 580 025, DHARWAD DIST. 4. THE INSPECTOR OF POLICE, A.P.M.C. POLICE STATION, NAVANAGAR, HUBBALLI. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1 TO R4) Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10275 WP No. 104618 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A WRIT OF CERTIORARI TO QUASH THE PERMISSION ACCORDED BY THE RESPONDENT NO.3 VIDE ORDER DATED 10/07/2023 BEARING NO.ACP(U)/ROW.SHE/20/2023 AND CONSEQUENTLY REMOVE THE NAME OF THE PETITIONER ENTERED IN THE ROWDY REGISTER PART-A 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 SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: A. A Writ of Certiorari to quash the permission accorded by the Respondent No.3 vide order dated 10/07/2023 bearing No.ACP(U)/Row.She/20/2023 and consequently remove the name of the petitioner entered in the Rowdy Register Part-A. B. Pass such other direction or order as this Hon’ble court deems fit in the facts circumstances of the case, in the interest of justice and equity. 2. The petitioner is aggrieved by opening of a rowdy sheet against the petitioner. The petitioner claims to be working as a manager of a reputed finance company and as such, the opening of the rowdy - 3 - HC-KAR NC: 2025:KHC-D:10275 WP No. 104618 of 2025 sheet will cause serious inconvenience and issues with his employment. 3. The submission learned counsel for the petitioner is that the rowdy sheet has been opened on account of a FIR in Crime No.*5/2023, having been registered by the APMC, Navanagar Police Station and there are no other complaints or proceedings which are pending against the petitioner in any other forum. The further submission of learned counsel for the petitioner is also that the said complaint is a motivated complaint, which will be defended by the petitioner in those proceedings. 4. Learned Additional Government Advocate has been called upon to enquire and make a submission. Learned Additional Government Advocate on instruction submits that there are no other cases which are pending against the petitioner. * Corrected vide Court Order dated 12.09.2025 Sd/- SGRJ - 4 - HC-KAR NC: 2025:KHC-D:10275 WP No. 104618 of 2025 5. Heard Shri Shubhendu A.Akalwadi, P.Vadiraja Janet O’Connor and Dr.Manjunath Hongalad., the counsels for the petitioner and Shri Sharad V.Magadum., learned AGA for respondents-State. 6. A perusal of FIR in Crime No. *5/2023 indicates that certain allegations have been made against several persons, including the petitioner, regarding an alleged attempt to assault the complainant with the intent to cause the complainant’s death. The basis of these allegations is a purported family dispute. A family dispute cannot be a ground for invoking Rule 1059 of the Karnataka Police Manual. Invocation of the said Rule requires that the person against whom it is invoked is a habitual offender and has committed offences detailed in Sub-Rule (2) of Rule 1059 of the Karnataka Police Manual on a regular basis and further that those offences are against the general public. * Corrected vide Court Order dated 12.09.2025 Sd/- SGRJ - 5 - HC-KAR NC: 2025:KHC-D:10275 WP No. 104618 of 2025 7. In the present case, the allegations which have been made against the petitioner are as regards a private family dispute, which would not qualify the requirements of Sub Rule (2) of Rule 1059 of the Karnataka Police Manual. In that view of the matter, I pass the following: ORDER i) Writ petition is allowed. ii) A certiorari is issued. The order dated 10.07.2023 bearing No.ACP(U)/Row.She/20/2023 passed by respondent No.3 to incorporate the name of the petitioner in the rowdy sheet register is quashed. iii) The respondents are directed to delete the name of the petitioner from the rowdy sheet register within a period of one week from the date of receipt of certified copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE AM/- CT-ASC. List No.: 1 Sl No.: 36