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2025 DAILYLAW 79133 (KAR)

SRI SANTHOSH KUMAR v. STATE OF KARNATAKA

WP/15307/2025 · 2025-07-30

B M Shyam Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29431 WP No. 15307 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 15307 OF 2025 (GM-POLICE) BETWEEN: SRI SANTHOSH KUMAR S/O. KRISHNAPPA AGED ABOUT 38 YEARS RESIDING AT SIDDANAPUR VILLAGE, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK BENGALURU DISTRICT 560 067. …PETITIONER (BY SRI. S KALYAN BASAVARAJ.,ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF HOME AFFAIRS REPRESENTED BY ITS SECRETARY VIDHANA SOUDHA, DR.B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE DY. SUPERINTENDANT OF POLICE HOSKOTE SUB-DIVISION HOSKOTE-562 114. 3. THE STATION HOUSE OFFICER ANUGONDANAHALLI POLICE STATION HOSAKOTE TALUK, Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29431 WP No. 15307 of 2025 BENGALURU - 560 067 …RESPONDENTS (BY SMT.K.P. YASHODHA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTIUTION OF INDIA PRAYING TO-QUASH THE IMPUGNED ORDER BEARING NO. SD/PO/HSK/RS/14/2024 DATED 15.05.2024 PASSED BY THE R2 AUTHORISING THE R3 TO OPEN A ROWDY REGISTER AGAINST THE PETITIONER PRODUCED AT ANNEXURE -A; DIRECTING THE RESPONDENTS TO PAY THE PETIIOTNER A COMPENSATION OF A SUM OF RS. 50,00,000/- FOR MALICIOUSLY PROSECUTING THE PETITIONER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner is aggrieved by the second respondent's decision to open a Rowdy Register against him. Sri S. Kalyan Basavaraj, the learned counsel for the petitioner, submits that this Court in - 3 - HC-KAR NC: 2025:KHC:29431 WP No. 15307 of 2025 W.P.No.16604/2015 [which is decided on 27.07.2024], has referred to the Guidelines laid down by this Court in W.P. No.4504/2021 [GM-POLICE] and one of the Guidelines that is referred to is causing a Proposal Notice to the individual concerned before the Register is opened and that in the present case, no notice is issued to the petitioner, an assertion which Ms. K.P. Yashodha, learned Additional Government Advocate is unable to controvert. Therefore, there must be interference on this limited ground but with the observation that this interference cannot preclude the second respondent from proceeding in accordance with the Guidelines. In the light of afore, the following ORDER The petition is allowed and the impugned order bearing No. SD/PO/HSK/RS/ 14/2024 dated 15.05.2024 issued by the second respondent [Annexure-A] is - 4 - HC-KAR NC: 2025:KHC:29431 WP No. 15307 of 2025 quashed but with the observation as aforesaid. Sd/- (B M SHYAM PRASAD) JUDGE NV