- 1 - HC-KAR NC: 2025:KHC-D:17341 WP No. 109178 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 109178 OF 2025 (GM-POLICE) BETWEEN: MALLESH S/O HULAGAPPA DEVARMANI AGE. 29 YEARS, OCC. AGRICULTURE, R/O. WARD NO. 27, HIREJANTHAKAL, GANGAVATHI, TQ. GANGAVATHI, DIST. KOPPAL 583227 …PETITIONER (BY SRI. SADIQ N. GOODWALA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BANGALORE 560001 2. THE SUPERINTENDENT OF POLICE KOPPAL DIST. KOPPAL 583227 3. THE POLICE INSPECTOR GANGAVATHI, DIST. KOPPAL 583222 4. TAHSILDAR GANGAVATHI DIST. KOPPAL 583227 …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF ISSUE OF MANDAMUS DIRECTING THE RESPONDENT NO.2 AND 3 TO DELETE OT REMOVE THE NAME OF THE PETITIONER FROM THE ROWDY SHEETER LIST MAINTAINED BY THE GANGAVATHI POLICE STATION. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:17341 WP No. 109178 of 2025 THIS 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 reliefs. “i. Issue writ in the nature of mandamus directging respondent Nos.2 and 3 to delete or remove the name of the petitioner from the Rowdy Sheeter list maintained by the Gangavarti Police Station. ii. Any other writ, order or relief which the Hon’ble Court thinks fit in the facts and circumstances of the case in the interest of justice.” 2. Heard the learned counsel Sri. Sadiq N. Goodwala, appearing for the petitioner and the learned AGA for representing respondents. 3. The petitioner is said to have got himself embroiled in a crime which is pending consideration before the concerned Court for offences punishable under Sections 143, 147, 117, 283, 290, 291 read with Section 149 of IPC. He is now before the Court seeking deletion of his name from the list of rowdies maintained at the respondent No.4 Police Station. - 3 - HC-KAR NC: 2025:KHC-D:17341 WP No. 109178 of 2025 4. The learned counsel for the petitioner submits that he does not even know why his name is being drawn in the list of rowdies, as the indication is there are many cases pending, but there is only one case pending which is within the knowledge of the petitioner. 5. In that light, the petitioner is at liberty to submit a representation to the respondent No.3, who shall consider the representation in strict consonance with the law laid down by the Co-ordinate Bench of this Court in B.S. Prakash vs. State of Karnataka and others in W.P. No.4504 of 2021 disposed of on 22.04.2022. The guidelines laid down in the said order 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:17341 WP No. 109178 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 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. - 5 - HC-KAR NC: 2025:KHC-D:17341 WP No. 109178 of 2025 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.” 6. In the light of the said submission, I deem it appropriate to dispose the subject petition and the petitioner shall submit a representation within six weeks from the date of receipt of the copy of the order. 7. In the event such a representation would come about, the respondent No.3 shall consider the same strictly in consonance with the observations made by the Co-ordinate Bench in the judgment quoted (supra), within eight weeks thereafter. - 6 - HC-KAR NC: 2025:KHC-D:17341 WP No. 109178 of 2025 Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE RSH / CT: ASC LIST NO.: 1 SL NO.: 21