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2025 DAILYLAW 91426 (KAR)

SRI BALAKRISHNA v. THE STATE OF KARNATAKA

WP/26486/2025 · 2025-09-15

B M Shyam Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:36618 WP No. 26486 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 26486 OF 2025 (GM-POLICE) BETWEEN: SRI BALAKRISHNA S/O DALAPPA AGED ABOUT 49 YEARS RESIDENT OF NO. 49, AK COLONY ROAD, 1ST MAIN ROAD, VEERANNAPALYA ARABIC COLLEGE POST, TANNARY ROAD BENGALURU-560045 …PETITIONER (BY SRI. MOHAMMED ABRAR S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HOME VIDHANA SOUDHA BENGALURU-560001 Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36618 WP No. 26486 of 2025 2. THE ASSISTANT COMMISSIONER OF POLICE OFFICE OF ASSISTANT COMMISSIONER OF POLICE SAMPIGEHALLI SUB-DIVISION BENGALURU CITY- PIN CODE-560064 3. THE POLICE INSPECTOR AMRUTHAHALLY POLICE STATION BENGALURU CITY. PIN CODE-560092 …RESPONDENTS (BY SMT. K. P. YASHODHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENTIRE PROCEEDINGS INITIATED AGAINST THE PETITIONER PASSED BY THE 2ND RESPONDENT IN ASSISTANT COMMISSIONER OF POLICE SAMPIGEHALLI SUB-DIVISION VIDE NO.CC-4 /NIL/ACP/SPH/2025 DATED 21-08-2025 AT ANNEXURE-H IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:36618 WP No. 26486 of 2025 ORAL ORDER The petitioner is aggrieved by the second respondent's order dated 21.08.2025, and the second respondent by this impugned order has permitted the petitioner's name to be entered in the Rowdy Registers. The second respondent has referred to the proceedings with the Amruthahally Police Station in Crime No.107/2024 and Crime No.156/2025. The first proceeding is for the offences punishable under Sections 417, 420, 468 and 34 of IPC, and the next proceeding is for the offences punishable under Sections 316(2), 318(4) and 61(2) of the BNS. Mr. Mohammed Abrar S, the learned counsel for the petitioner, submits that this Court must intervene and quash the impugned order dated 21.08.2025 for the following reasons. a. The second respondent has permitted entering the petitioner’s name in the - 4 - HC-KAR NC: 2025:KHC:36618 WP No. 26486 of 2025 rowdy register because of two criminal proceedings which relate to a civil dispute. b. The proceedings stem from the fact that the complainant could not complete the sale transaction for an immovable property under a sale agreement, and therefore, the petitioner has completed the sale transaction with another. c. This Court, in Crl.P.No.1958/2025 and Crl.P.No.9567/2025, has granted interim order staying further proceedings in both the afore mentioned criminal proceedings. d. The petitioner, upon receipt of notice dated 09.08.2025, has furnished response on 20.08.2025, but the - 5 - HC-KAR NC: 2025:KHC:36618 WP No. 26486 of 2025 second respondent has refused to receive the same only to pass an order. Mrs. K. P. Yashodha, the learned Additional Government Advocate, is heard in the light of these submissions. This Court must observe that it is beyond dispute that this Court has interdicted investigation in both Crime No.107/2024 and Crime No.156/2025. If these proceedings are interdicted by this Court and the petitions are pending, it must follow that these proceedings could not have been the reason for entering the petitioner's name in the rowdy register. This Court cannot but observe that the second respondent's action seems to be an effort to intervene in a civil dispute, and that cannot be. In the circumstances, the following: ORDER a. The petition is allowed. - 6 - HC-KAR NC: 2025:KHC:36618 WP No. 26486 of 2025 b. The third respondent's notice dated 09.08.2025 and the second respondent's order dated 21.08.2025 are quashed. Sd/- (B M SHYAM PRASAD) JUDGE RB