- 1 - HC-KAR CNR: KAHC010274542022 NC: 2026:KHC:41638 WP No. 12452 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 12452 OF 2022 (GM-POLICE) BETWEEN: SRI SHIVARAJA S/O GANGASASALAIAH AGED ABOUT 38 YEARS, R/AT BOMMANAHALLI VILLAGE KESARAMADU POST HURDIGERE HOBLI TUMKUR TALUK TUMKUR DISTRICT-572104 …PETITIONER (BY SRI. LEELADHAR H P.,ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER TUMKUR DISTRICT OPP TO COURT COMPLEX TUMKUR TOWN TUMKUR DISTRICT-572 104. 2. THE SUPERINTENDENT OF POLICE TUMKUR DISTRICT B H ROAD TUMKUR TOWN TUMKUR DISTRICT -572 104. 3. THE STATION HOUSE OFFICER KYATHASANDRA POLICE STATION TUMKUR TOWN TUMKUR DISTRICT -572 104 …RESPONDENTS (BY SRI. MAHANTESH SHETTER, AGA) Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010274542022 NC: 2026:KHC:41638 WP No. 12452 of 2022 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS FROM THE R3 VIDE THEIR REPORT KHPETSI/80/2021 DATED 24.01.2022 AND ALSO REPORT SUBMITTED TOT HE LOKAYUKTHA BY THE R2 VIDE THEIR LETTER NO.15/JB/LOK/PETSI/2022 UNDER ANNEXURE-A,A1. AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER 1. Petitioner being aggrieved by the report submitted by respondent No.3 to respondent No.4, justifying opening and maintaining rowdy sheet against the petitioner, and consequent renewal of the rowdy sheet, is before this Court seeking following reliefs: '' a) Issue writ of certiorari or order or direction in the form of Writ and quash the report in No. KHPetsi/80/2021 dated 24.01.2022 submitted by the 3rd respondent to the 2nd respondent to open the rowdy sheeter incorporated in para No.17, under Annexure-A. b) any other relief/s as the Hon'ble Court may deems fit under the circumstances of the case in the interest of justice.'' 2. Learned counsel for the petitioner taking this Court through the records submits; - 3 - HC-KAR CNR: KAHC010274542022 NC: 2026:KHC:41638 WP No. 12452 of 2022 (i) That there have been several family disputes with regard to ancestral property belonging to the petitioner's family. In respect of which, a suit in O.S.No.256/2021 for partition and separate possession is pending consideration. (ii) That there was a matrimonial discord between the petitioner and his wife Sumitra, who having gone to her parental house did not return to the matrimonial home. That certain person by name Auto Ranga with who she had relationship was threatening the petitioner. Consequently, petitioner had filed a complaint before the Kyathsandra Police Station on 22.05.2014. (iii) Respondent No.3-SHO, Kyathsandra Police Station had called upon the petitioner to withdraw the said complaint. Refusal by the petitioner to withdraw the said complaint, enraged respondent No.3-SHO. However, the complaint filed by the petitioner was closed by obtaining his signature on the blank papers. Since the information regarding the complaint was not furnished, petitioner had filed application under Right to Information Act. Even then, he was not furnished with the information. (iv) Consequent upon which, petitioner filed a private complaint in PCR No.737/2017, on the file of the Prl. Civil Judge and JMFC, Tumkur which is pending consideration. - 4 - HC-KAR CNR: KAHC010274542022 NC: 2026:KHC:41638 WP No. 12452 of 2022 (v) That respondent No.3-SHO, being further enraged by this action of the petitioner, started to harass by calling the petitioner to the Station for one reason or the another. (vi) A false complaint was lodged against the petitioner through one Smt. Kamala W/o Sri. Mohanakumar B.G., in Crime No.12/2020, for the offences punishable under Sections 323, 354, 504 and 506 of IPC. That the said criminal case was traceable to the suit filed in O.S.No.256/2021. The respondent No.3-SHO, utilised the said criminal case, calling upon the petitioner to settle the civil dispute. (vii) Yet another case, was filed against the petitioner by his mother Smt. Dodda Manjamma on 17.01.2020, alleging assault, criminal intimidation and threat to life. The said case was not registered as there was no cognizable offence made out. (viii) As the petitioner had consumed tablets in protest against the harassment meted out by respondent No.3, a case in Crime No.247/2020 came to be registered for the offence punishable under Section 309 of IPC through one Sri. G. Nagaraj, Head Constable, Kyathsandra Police Station. A charge sheet has also been filed which is now re-numbered as C.C.No.536/2021 on the file of Prl. Civil Judge and JMFC, Tumakuru. - 5 - HC-KAR CNR: KAHC010274542022 NC: 2026:KHC:41638 WP No. 12452 of 2022 (ix) Respondent No.3-SHO instead of providing protection to the petitioner against the threat of Auto Ranga and others had subjected the petitioner for harassment, against which, the petitioner had lodged the complaint dated before the Inspector General of Police (IGP) by filing a complaint dated 22.02.2021 as per Annexure-M through registered post. This further aggravated the animosity between the petitioner and respondent No.3. (x) Petitioner had also lodged a complaint before the respondent No.2-Superintendent of Police. However, no acknowledgment was given. He had also filed a complaint against certain persons who are the relatives of his wife Smt. Sumitra. (xi) That on 11.03.2021, the son of the petitioner, Sri. Arjun Gowda, had gone to call his mother Smt. Sumitra to attend a festival (village fair), where he found said Smt. Sumitra along with aforesaid Auto Ranga, who assaulted Smt. Sumitra and threatened the son of the petitioner. In this regard, petitioner went to the police station to lodge the complaint before respondent No.3- SHO, who refused to receive the same. Instead petitioner was detained by respondent No.3. That the Respondent No.3-SHO had summoned his wife Smt. Sumitra and made her to file a complaint on 12.03.2021, foisting a false case against the petitioner for dowry harassment and attempt to murder, which was registered in Crime No.667/2021. A charge sheet - 6 - HC-KAR CNR: KAHC010274542022 NC: 2026:KHC:41638 WP No. 12452 of 2022 in this case has also been filed. Petitioner was arrested and sent to judicial custody for 13 days. (xii) That petitioner again lodged a complaint against respondent No.3-SHO before the respondent No.2- Superintendent of Police. Petitioner had also filed a complaint before the Lokayuktha on 24.02.2021. He had also brought to their notice about the threat to his life and life of his son Sri. Arjun Gowda. In this regard, respondent No.2 did not take any steps to provide protection to the petitioner or his son. Instead, they subjected the petitioner to unwarranted harassment, merely because he had filed the complaints against the illegalities of respondent No.3-SHO, bringing to the notice of the higher-ups as well as followed the matter with the Lokayuktha. (xiii) That upon the complaint filed by the petitioner before the Lokayuktha, enquiries were conducted and explanations were called for by respondent No.3-SHO. In the report submitted by respondent No.3-SHO, as per Annexure-A, for the first time, it is mentioned at paragraph No.17 that a rowdy sheet has been opened against the petitioner. It is only thereafter, petitioner learnt about opening up of history sheet. Being aggrieved, petitioner approached this Court. (xiv) That during the pendency of the petition, the respondent No.3-SHO have renewed the rowdy sheet, which they had allegedly opened on 10.04.2021. That the petitioner was neither served with a copy of the - 7 - HC-KAR CNR: KAHC010274542022 NC: 2026:KHC:41638 WP No. 12452 of 2022 rowdy sheet nor has been informed about maintenance and renewal of the same by the respondent No.3-SHO. (xv) Thus, he submits that the very opening of the rowdy sheet is only to wreak the personal vengeance, which the respondent No.3-SHO carried against the petitioner for petitioner having filed complaints against respondent No.3-SHO. (xvi) That opening of the rowdy sheet is contrary to the provisions of the Police Manual and also the guidelines issued by the Co-ordinate Bench of this Court in the case of B.S.Prakash V. State of Karnataka and others in W.P.No.4504/2021 and other connected matters decided on 22.04.2022. Hence, he seeks for allowing the petition. 3. Learned AGA, justifying the rowdy sheet opened in the name of petitioner, submits that there are three cases filed against the petitioner and he has become threat and menace to the society. Therefore, opening of the rowdy sheet was essential and the same has been periodically renewed in compliance with the Police Manual. Hence, seeks for dismissal of the petition. 4. Heard and perused the records. - 8 - HC-KAR CNR: KAHC010274542022 NC: 2026:KHC:41638 WP No. 12452 of 2022 5. The criminal cases which according to the respondent No.3-SHO, in which the petitioner stated to have been involved are provided mentioned at paragraph Nos.6, 7, 8 and 9 of the Statement of Objections. In that; (a) First case is in Crime No.12/2020 registered on 18.01.2020 by one Smt. Kamala, for the offences punishable under Sections 323, 354, 504 and 506 of IPC. (b) Second case is in Crime No.67/2021 filed by Smt. Sumitra, wife of petitioner for the offences punishable under Sections 323, 324, 341, 307, 498A IPC. (c) Third case is in Crime No.247/2020 filed through one Sri. G. Nagaraj, Head Constable, Kyathsandra Police Station, for the offence punishable under Section 309 of IPC. 6. As already noted above, case in Crime No.12/2020 is relatable to the Civil dispute and suit in O.S.No.256/2021. The second case is by his wife of the petitioner for cruelty and third case is on the allegation of petitioner attempting to commit suicide. - 9 - HC-KAR CNR: KAHC010274542022 NC: 2026:KHC:41638 WP No. 12452 of 2022 7. The aforesaid three cases, in the considered view of the Court under no circumstances can be considered as a threat to the society at large as sought to be canvassed by the respondent-authorities. 8. Perusal of Annexure-A, a report forwarded by respondent No.3-SHO to the respondent No.2-Superintendent of Police indicate that merely because of the pendency of family dispute, civil litigation and the petitioner has been filing applications under Right to Information Act, and filing application to the respondent-Authorities, respondent No.3-SHO has thought it appropriate to open a rowdy sheet. 9. Relevant paragraph of the report under the heading ‘ಅಂಮ ಅಾಯ' reads as under: '' '' '' '' ಅಂಮ ಅಂಮ ಅಂಮ ಅಂಮ ಅಾಯ ಅಾಯ ಅಾಯ ಅಾಯ : ಅ ಾರಾದ ವಾಜು ರವರು ತಮ ಸಂಾರದ ಾರ ಾಗೂ !ಾ"ಜ"#ೆ% ಸಂಬಂಧಪಟ*ಂ+ೆ ಮತು, ಸಣ.ಪ/ಟ* ಾರಗ01ೆ 2ೕ4ಂದ 2ೕ5ೆ 2ೕ5ಾ6#ಾ7ಗ01ೆ ಾಗೂ ಸ#ಾ ರ#ೆ% ಅ ಗಳನು: ಬೆಯುವ ಪವೃ,ಯುಳ<ವಾ=ರು+ಾ,ೆ. ಾಗೂ ಅನವಶ"ಕ!ಾದ @ಾAಯನು: @ಾA ಹಕು% #ಾCDಯE ಅ ಸ4F, @ಾA ಪGೆಯುವ ಪವೃ,ಯುಳ<ವಾ=ರು+ಾ,ೆ. ಒಂದು ಅ ಯನು: ಅ ಾರರ ಸಮIಮ!ೇ ಖುದುD ಾರKೆ @ಾEಾDಗೂ" ಸಹ ಅೇ ಪ ಅಥ!ಾ MೆಾNO ಪಯನು: ಪ/ನಃ - 10 - HC-KAR CNR: KAHC010274542022 NC: 2026:KHC:41638 WP No. 12452 of 2022 ಪ/ನಃ A7ಯ ಅ6#ಾ7ಗ01ೆ ಅ ಬೆಯು,ರು+ಾ,ೆ. ಅ ಾರರು ಾ4 ಹಲ!ಾರು RSನ ಪಕರಣಗಳ4F Tಾ=Uಾ=ರು+ಾ,ೆ. ಾಗೂ ಚಟುವW#ೆಯುಳ<ವಾ=ರು+ಾ,ೆ. ಆದD7ಂದ ಅ ಾರರ ೌEೕZ ಅನು: ಮುಂದುವೆಸಲು A7ಯ ಅ6#ಾ7ಗ01ೆ ಮನ ಸ4Fರುತ,ೆ. 2ೕಲ%ಂಡ ಾರಗಳ ಬ1ೆ\ ಅ ಾರ71ೆ Aಂಬರಹ ]ೕEರುತ,ೆ. ಆದD7ಂದ ಅ ಾರKೆಯನು: ಮು#ಾ,ಯ @ಾಡಲು ಅನುಮ #ೋ7 ವರ!ಾದ ಅ , ಾರKಾ ವರ^ಯನು: @ಾನ"71ೆ ಸ4F#ೊಂEೆ. '' 10. Opening of a rowdy sheet has to be strictly in accordance with the Police Manual 1057 and 1059. There cannot be any laxity, in that, the Officer not below the rank of Deputy Superintendent of Police or the Sub-Divisional Police Officer shall be satisfied with regard to the material placed before him to open the rowdy sheet. 11. The Co-ordinate Bench of this Court in the case of W.P.No.4504/2021 and other connected Matters, after having adverted to the fundamental rights enshrined under Article 21 of the Constitution of India, has laid down the following guidelines for the purpose of opening of a rowdy Sheet: '' 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 - 11 - HC-KAR CNR: KAHC010274542022 NC: 2026:KHC:41638 WP No. 12452 of 2022 afford a personal hearing. In exceptional cases notice may be dispensed with for reasons to be recorded in the Register of Rowdies. 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. 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 - 12 - HC-KAR CNR: KAHC010274542022 NC: 2026:KHC:41638 WP No. 12452 of 2022 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.'' 12. The case at hand does not even remotely suggest any reason or justification for opening of a rowdy sheet. 13. In the circumstances, this Court has no hesitation to state that the petitioner has been subjected to unwarranted harassment at the hands of respondent No.3-SHO, who apparently being upset with the petitioner making representations bringing to the notice of his higher-ups about his inaction on a complaint filed by him, has resorted to this extreme method of opening a rowdy sheet. 14. Equally, respondent No.2-Superindentant of Police, who was a officer responsible and statutorily obligated to call for records and objectively satisfy himself regarding grounds for maintaining the rowdy sheet has been negligent, ignorant in the matter. - 13 - HC-KAR CNR: KAHC010274542022 NC: 2026:KHC:41638 WP No. 12452 of 2022 15. Therefore, the petitioner has made out a case for grant of relief as sought for. This is a classic case of police abuse. When the petitioner has raised questions, taken action within the frame work of law in seeking information and complaining to the authority, he has been subjected to harsh treatment of opening up of history sheet. Reasons for opening up of history sheet fall short of legal requirement. Respondent No.3-SHO who has acted in this high handed manner, is required to personally compensated to the petitioner. 16. In addition, under the fact situation of the matter, this Court deems it appropriate that an enquiry be conducted against respondent No.3-SHO and respondent No.2- Superintendant of Police in opening and maintaining the rowdy sheet of the petitioner from 2011 till now by the respondent No.3. 17. In view of the above, following: - 14 - HC-KAR CNR: KAHC010274542022 NC: 2026:KHC:41638 WP No. 12452 of 2022 ORDER (i) Petition is allowed. (ii) Report dated 24.01.2022 as per Annexure-A submitted by the respondent No.3-SHO to the respondent No.2 is hereby quashed. (iii) Petitioner shall also be compensated in a sum of Rs.50,000/- personally by the respondent No.3-SHO. (iv) An enquiry be conducted by the Competent authority into the manner of opening up of history sheet by the respondent Nos.3 and 2 against the petitioner. (v) A report in this regard shall be filed before this Court within 30 days from the date of receipt of certified copy of this order. Sd/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 18