- 1 - HC-KAR NC: 2025:KHC-D:10916 WP No. 105938 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105938 OF 2025 (GM-POLICE) BETWEEN: NAVEED S/O. HASANSAB THARATHARI, AGE: 22 YEARS, OCC: SHEET COACHING WORK, R/O: DEVARAJ NAGAR, TERDAL, TQ: RABKAVI-BANAHATTI, DIST: BAGALKOT – 587 101. …PETITIONER (BY SRI. ANWARALI D NADAF., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, VIDHAN SOUDHA, BENGALURU – 560 001. 2. ASSISTANT COMMISSIONER, JAMAKHANDI, TQ: JAMKHANDI, DIST: BAGALKOTE- 587 101. 3. DEPUTY SUPERINTENDENT OF POLICE SUB-DIVISION, JAMKHANDI- 587 301, BAGALKOT. 4. CIRCLE POLICE INSPECTOR, DIST. BAGALKOTE- 587 315. 5. POLICE SUB INSPECTOR, TQ. TERDAL DIST. BAGALKOTE- 587 315. 6. STATION HOUSE OFFICER, TQ. RON, DIST, GADAG- 582 209. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM., AGA FOR R1 TO R4) Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10916 WP No. 105938 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH IMPUGNED ORDER OF EXTERNMENT PASSED BY THE 2nd RESPONDENT I.E., (ASST COMMISSIONER, JAMAKHANDI), DATED 29.07.2025 VIDE KRA/MAG/CR-299029/2025-26 AT ANNEXURE A AND ETC. THIS 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. Quash the impugned order of externment passed by the R2 i.e., (Asst. Commissioner, Jamakhandi), dated: 29.07.2025 vide KRA/MAG/CR-299029/2025- 26 at Annexure-A. b. Direct the 3rd Respondent to delete the name of the petitioner from the list of rowdy-sheeter. c. Compensate INR-2,00,000/- for depriving petitioner from access to basic fundamental rights and for subjecting him to extrenment and tagging him as a rowdy. d. Amongst the other grounds at the time of hearing and grounds relied in the averment may be considered as the part of this petition. e. Grant such other relief as this Hon’ble Court deems fit and necessary, in the interest of justice. - 3 - HC-KAR NC: 2025:KHC-D:10916 WP No. 105938 of 2025 2. The petitioner is aggrieved by his name being inserted in the rowdy register maintained by the respondents in pursuance of rule 1059 of the Karnataka Police Manual. 3. The submission of learned counsel for the petitioner is that the objection which has been filed by the petitioner has not been properly considered inasmuch as there being only one complaint which has been filed against the petitioner in Crime No.12/2022, the name of the petitioner could not have been included in rowdy register in terms of decision of a Coordinate Bench of this court in the case of Sri.Prakash -v- State of Karnataka [WP No.16604/2015 DD 27.07.2022]. 4. Learned AGA, on instructions, submits that opportunity had been granted to the petitioner before externing the petitioner and the said petitioner has an alternative and efficacious remedy in terms Section 59 - 4 - HC-KAR NC: 2025:KHC-D:10916 WP No. 105938 of 2025 of the Karnataka Police Act and as such, he submits that the above petition may be dismissed. 5. Heard Sri.Anwarali D.Nadaf, learned counsel for the petitioner, Sri.Sharad V.Magadum, learned AGA for respondent No.1. Perused papers. 6. Having gone through the papers, it is seen that there is only one complaint which has been filed against the petitioner which has been registered by the Terdal Police Station as Crime No.12/2022 for offences under Section 504, 506, 186, 341 and 353. Unfortunately the respondents have mentioned the same crime number twice to indicate as if there are two complaints which have been filed against the petitioner. Be that as it may, even if there are two complaints which have been filed, the same would not qualify the requirement of the guidelines laid down by Coordinate Bench of this court in Prakash’s case. - 5 - HC-KAR NC: 2025:KHC-D:10916 WP No. 105938 of 2025 7. In that view of the matter, the respondents have not considered the aspect in a proper manner and have exercised jurisdiction when no such jurisdiction could have been exercised. As such, I pass the following: ORDER i. The Writ Petition is allowed. ii. The order dated 29.07.2025 passed by respondent No.2 bearing No. KRA/MAG/CR-299029/2025-26 at Annexure-A is quashed. iii. Respondent No.3 is directed to delete the name of the petitioner from rowdy register within a period of 10 days from the date of receipt of copy of this order. iv. Liberty is, however, reserved to the respondents to take a further proceeding if the number of complaints lodged against petitioner were to cross - 6 - HC-KAR NC: 2025:KHC-D:10916 WP No. 105938 of 2025 the threshold limit and satisfy the requirements in terms of Sri.Prakash -v- State of Karnataka [WP No.16604/2015 DD 27.07.2022]. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 72