- 1 - HC-KAR NC: 2026:KHC:13981 WP No. 7490 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 7490 OF 2026 (GM-POLICE) BETWEEN: 1. HARISHCHANDRA ACHARYA, S/O MOGAYYA ACHARYA, AGED ABOUT 55 YEARS, R/AT DOOR NO. 18-25/47, CHANDANA NILAYA, VAIDYANATHA NAGARA, ULLALBAIL, ULLAL POST AND TALUK, D.K. DISTRICT - 575 020. …PETITIONER (BY SRI. K. RAVISHANKAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPT. BY ITS SECRETARY, DEPT OF HOME, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE COMISSIONER OF POLICE, MANGALURU CITY, MANGALURU, D.K. DISTRICT - 575 001. 3. THE SUPERINTENDENT OF POLICE, D.K. DISTRICT, MANGALURU - 575 001. Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13981 WP No. 7490 of 2026 4. THE STATION HOUSE OFFICER/ INSPECTOR OF POLICE, ULLAL POLICE STATION, MANGALURU CITY, D.K. DISTRICT - 575 001. …RESPONDENTS (BY SRI. K.P. YOGANNA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED NIL (RECEIVED ON 13/11/2025) ISSUED BY THE 4TH RESPONDENT BEARING NO. NIL (PRODUCED VIDE ANNEXURE - G) TO THE WRIT PETITION AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned petition is filed seeking the following reliefs: "i) Issue a Writ of certiorari and quash the impugned endorsement dated nil (received on 13/11/2025) issued by 4th respondent bearing No.nil (produced vide ANNEXURE-'G') to the writ petiton; and ii) Issue a Writ of mandamus directing the respondent No.2 and 4 to remove/score out the name and photograph of the petitioner from MOB card (Modus Operandi Bureau) register in Form No.183 maintained by the respondent No.2 to 4 by considering the representation/complaint dated 28.07.2025 (produced vide ANNEXURE-'F') to the writ petition; iii) Issue a Writ of mandamus directing the respondents to pay a compensation of Rs.50,00,00/- by way of cost - 3 - HC-KAR NC: 2026:KHC:13981 WP No. 7490 of 2026 payable to the petitioner for continuation of MOB card (Modus Operandi Bureau) register in Form No.183 as its illegal continuation is contrary to Order No.1717 and 1720 of the Karnataka Police Manual and also for the violation of Article 19 and 21 of the Constitution of India and, iv) Issue such other Writ, Order or Direction as deemed fit in the circumstances of the case, in the interest of justice and equity." 2. The petitioner is arrayed as accused No.4 pursuant to a complaint lodged by one Sujatha Ashok on 05.11.2022 before respondent No.4–Police, which resulted in registration of Crime No.148/2022 against the petitioner and others. Upon completion of investigation, the Investigating Officer has filed a charge sheet and the petitioner is presently facing trial in C.C. No.19/2024 for the offences punishable under Sections 120-B, 406, 420, 465, 468 and 471 read with Section 34 of the IPC. 3. The grievance of the petitioner is primarily directed against the action of respondent No.4 who, consequent to the registration of Crime No.148/2022, has opened a MOB (Modus Operandi Bureau) card in the name of the petitioner. The MOB card is a record maintained in - 4 - HC-KAR NC: 2026:KHC:13981 WP No. 7490 of 2026 police stations for persons having criminal antecedents or history sheets. 4. Aggrieved by the opening of the MOB (Modus Operandi Bureau) card in his name, the petitioner submitted a representation before respondent No.4 seeking deletion of his name. In response, respondent No.4 has issued an endorsement dated 13.11.2025, produced at Annexure–G, rejecting the petitioner’s request. Being aggrieved by the said endorsement, the petitioner has approached this Court challenging the endorsement at Annexure–G and seeking a direction to respondent Nos.2 to 4 to remove or score out his name and photograph from the MOB card maintained in Form No.183. The petitioner has also sought compensation of Rs.50,000 by way of costs for the alleged illegal action of the respondents in continuing his name in the said record. - 5 - HC-KAR NC: 2026:KHC:13981 WP No. 7490 of 2026 5. Heard the learned counsel appearing for the petitioner and the learned AGA appearing for the State. Perused the material on record. 6. A reading of the complaint lodged by one Sujatha Ashok, which culminated in the registration of Crime No.148/2022 and the subsequent filing of a charge sheet in C.C. No.19/2024, would indicate that the petitioner has already approached this Court by filing Crl.P. No.3808/2024 seeking appropriate relief in respect of the said criminal proceedings. This Court, upon consideration of the matter, has granted an interim order of stay of further proceedings insofar as the present petitioner is concerned, and the said petition is presently pending adjudication before this Court. 7. On a careful perusal of the complaint and the allegations made therein, it prima facie appears that the complainant’s grievance essentially stems from a sale transaction under which the petitioner is stated to have - 6 - HC-KAR NC: 2026:KHC:13981 WP No. 7490 of 2026 obtained a sale deed from accused No.3. The dispute, therefore, largely revolves around the legality and validity of the said sale deed executed in favour of the petitioner. At this stage, it is also relevant to note that the criminal proceedings initiated pursuant to the said complaint, which have culminated in C.C. No.19/2024, are presently stayed by this Court in the aforesaid criminal petition. In that background, the action of respondent No.4 in opening a MOB (Modus Operandi Bureau) card in the name of the petitioner appears to be unduly harsh and carries a stigmatic effect. 8. Order No.1720 of the Karnataka Police Manual, which deals with the maintenance of the Modus Operandi Bureau Register, mandates that a register in Form No.183 is to be maintained in the Bureau for each modus operandi classification and that such entries are ordinarily intended to be made only in respect of history-sheeted criminals who are absconding or otherwise out of view. In the present case, the petitioner cannot be categorized as such. - 7 - HC-KAR NC: 2026:KHC:13981 WP No. 7490 of 2026 The petitioner has already secured bail in connection with Crime No.148/2022 and is available to the jurisdiction of the Court. More importantly, this Court, while exercising its inherent jurisdiction under Section 482 of the Code of Criminal Procedure, has stayed the proceedings in C.C. No.19/2024 insofar as the petitioner is concerned. 9. In this factual and legal backdrop, the action of respondent No.4 in opening and continuing the MOB card against the petitioner cannot be sustained. Consequently, the endorsement issued by respondent No.4 rejecting the petitioner’s request for deletion of his name from the MOB register is liable to be interfered with and set aside by this Court. 10. For the foregoing reasons, this Court passes the following: ORDER i. The writ petition is hereby allowed. - 8 - HC-KAR NC: 2026:KHC:13981 WP No. 7490 of 2026 ii. The impugned endorsement dated 13.11.2025 issued by respondent No.4, produced at Annexure–G, stands quashed. iii. Consequently, respondent Nos.2 and 4 are directed to remove and delete the name and photograph of the petitioner from the MOB (Modus Operandi Bureau) card maintained in Form No.183. iv. The aforesaid exercise shall be carried out within a period of four (4) weeks from the date of receipt of a certified copy of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 25