D VENUGOPAL S/O LATE D HANUMANTHAPPA v. STATE OF KARNATAKA
WP/109104/2025 · 2025-12-01
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 61602 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 61602 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:16816 WP No. 109104 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 109104 OF 2025 (GM-POLICE)
BETWEEN:
D. VENUGOPAL S/O. LATE D. HANUMANTHAPPA, AGED ABOUT 60 YEARS, RESIDING AT 6TH WARD, RANIPET, HOSPATE, VIJAYANAGAR DISTRICT, PIN 560040. …PETITIONER (BY SRI. PAVAN SAGAR, ADVOCATE)
AND:
1. STATE OF KARNATAKA DEPT OF HOME, DR. B R AMBEDKAR VEEDHI, BENGALURU 560001, REPRESENTED BY ITS SECRETARY
2. SUPERINTENDENT OF POLICE, VIJAYANAGAR DISTRICT, HOSPETE, PIN 560040. 3. DEPUTY SUPERINTENDENT OF POLICE, HOSPETE,VIJAYANAGAR DISTRICT, PIN-560040. 4. INSPECTOR OF POLICE HOSPETE TOWN POLICE STATION, HOSPETE, VIJAYANAGAR DISTRICT, PIN-560040. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:16816 WP No. 109104 of 2025
5. ASST. SUB INSPECTOR OF POLICE, HOSPETE TOWN POLICE STATION, VIJAYANAGAR DISTRICT, PIN-560040. …RESPONDENTS (BY SRI.T. HANUMAREDDY, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NOS.2 TO 5 TO FURNISH A CERTIFIED COPY OF THE ROWDY SHEET OPENED IN THE NAME OF THE PETITIONER ALONG WITH ALL THE DOCUMENTS THAT HAS LED TO THE INCLUSION OF THE NAME OF THE PETITIONER INTO THE LIST OF ROWDIES AS SOUGHT FOR IN THE REPRESENTATION DATED 08.09.2025 (VIDE ANNEXURE-C). THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioner is before this Court seeking the following prayer: i) Issue a writ, order or direction in the nature of mandamus directing the Respondent Nos.2 to 5 to furnish a certified copy of the rowdy sheet opened in the name of the Petitioner along with all the documents that has led to the inclusion of the name of the petitioner into the list of rowdies as sought for in the representation dated 08.09.2025 (vide Annexure-C). ii) Issue such other writ, order or direction as deemed fit in the circumstances of the case, in the interest of justice. - 3 -
HC-KAR NC: 2025:KHC-D:16816 WP No. 109104 of 2025
2. It is submitted that the name of the petitioner is drawn in the list of rowdies maintained before the respondent No.4-Police Station.
The learned counsel submits the name is drawn contrary to the law as laid down by the Coordinate Bench which is followed by this Court in the case of B.S.PRAKASH VS. STATE OF
KARNATAKA
AND
OTHERS
in W.P.No.4504/2021 disposed on 22.04.2022. The guidelines laid down in W.P.No.4504/2021 read 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 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. - 4 -
HC-KAR NC: 2025:KHC-D:16816 WP No. 109104 of 2025
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
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HC-KAR NC: 2025:KHC-D:16816 WP No. 109104 of 2025
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 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.
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HC-KAR NC: 2025:KHC-D:16816 WP No. 109104 of 2025
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.”
3. In the light of the said submission, I deem it appropriate to dispose the subject petition directing
consideration of the representation of the petitioner strictly in consonance with the observations made by the Co-ordinate Bench in the judgment quoted (supra), within twelve weeks from the date of receipt of the copy of this order.
4. The learned counsel for the petitioner would submit that the copy of the reason behind the drawing of the name of the petitioner in the rowdy-sheet is not even furnished to the petitioner. The representation also makes grievance in this
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HC-KAR NC: 2025:KHC-D:16816 WP No. 109104 of 2025
regard. Therefore, the respondent-State shall consider that as well while answering the representation. Ordered accordingly.
Sd/- (M.NAGAPRASANNA) JUDGE
RHR/-CT:ANB List No.: 2 Sl No.: 11