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2026 DAILYLAW 34287 (KAR)

N V BABU REDDY v. THE COMMISSIONER OF POLICE

WP/7478/2023 · 2026-07-30

M G S Kamal

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010170072023 NC: 2026:KHC:39869 WP No. 7478 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 7478 OF 2023 (GM-POLICE) BETWEEN: 1. N V BABU REDDY S/O VENUGOPAL REDDY AGED ABOUT 52 YEARS R/A NO.448, BEHIND GOVERNMENT SCHOOL DODDANEKUNDI BENGALURU-560 037 …PETITIONER (BY SRI. RAHUL S REDDY.,ADVOCATE) AND: 1. THE COMMISSIONER OF POLICE NO.1, INFANTRY ROAD BENGALURU-560001 2. THE DEPUTY COMMISSIONER OF POLICE WHITEFIELD DIVISION WHITEFIELD MAIN ROAD BESIDE PRESTIGE MEADOWS SATHYA SAI LAYOUT WHITEFIELD BENGALURU-560066 3. THE ASSISTANT COMMISSIONER OF POLICE SECTOR-3 Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010170072023 NC: 2026:KHC:39869 WP No. 7478 of 2023 MARATHAHALLI MAIN ROAD BENGALURU-560 037 4. THE POLICE INSPECTOR HAL POLICE STATION BENGALURU-560 037 …RESPONDENTS (BY SRI.MAHANTESH SHETTAR.,AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 15.03.2023 IN NO. YV/CDP/CRM/54/2023 ISSUED BY THE R2 DEPUTY COMMISSIONER OF POLICE, VIDE ANNEXURE-F AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER 1. Petitioner is before this Court for third occasion, being aggrieved by the endorsement dated 15.03.2023 produced at Annexure-F. - 3 - HC-KAR CNR: KAHC010170072023 NC: 2026:KHC:39869 WP No. 7478 of 2023 2. Petitioner was accused of commission of certain offences punishable under the Indian Penal Code. A Rowdy sheet was opened by the respondent-Authorities. Petitioner had earlier approached this Court by filing WP No.13831/2013, which was disposed of by order dated 07.11.2016, with a direction to the petitioner to make a representation to the respondent-Authorities. Petitioner had accordingly made representation on 22.12.2016, seeking deletion of his name from the Rowdy sheet. Since no action was taken on the said representation, petitioner approached this Court by filing WP No.51299/2019. By order dated 09.01.2023, this Court, taking note of the order passed in WP No.4504/2021 and connected matters, wherein this Court has laid down guidelines to be followed by the respondent-Authorities in opening and maintaining the Rowdy/history sheet, disposed of WP No.51299/2019, reserving liberty to the petitioner, yet again, to file the representation. In furtherance thereof, petitioner filed another representation dated 28.01.2023 - 4 - HC-KAR CNR: KAHC010170072023 NC: 2026:KHC:39869 WP No. 7478 of 2023 before respondent No.2-Deputy Commissioner of Police seeking deletion of his name from the Rowdy sheet. 3. Learned counsel for the petitioner, taking this Court through the records submits that, despite specific directions by this Court, particularly referring to the guidelines laid down in WP No.4504/2021, respondent No.2 - Deputy Commissioner of Police has issued impugned endorsement at Annexure-F, declining to delete the name of the petitioner from the Rowdy sheet. He submits that, the endorsement not only runs contrary to the guidelines laid down by the Co-ordinate Bench of this Court but also run contrary to the very Police Manual providing for opening and maintaining the history sheet. He further submits that, petitioner has undergone a heart surgery and he has been acquitted in all the cases except two. Therefore, there is no justification in respondents - Authorities maintaining the Rowdy sheet contrary to the provisions of law. It is further submitted that the respondents-Authorities are also forcing the petitioner to visit the police station every fortnight, without due - 5 - HC-KAR CNR: KAHC010170072023 NC: 2026:KHC:39869 WP No. 7478 of 2023 process of law, thereby, interfering with his right to life and liberty. Hence, seeks for allowing of the petition. 4. Learned AGA files a memo dated 27.07.2026, along with a communication dated 27.07.2026, forwarded by the Police Inspector, HAL Police Station. Referring to the said communication, learned AGA submits that, there were 21 cases registered against the petitioner and currently, cases in Sl.No.7 - Crime No.765/2019 and Sl.No.21 - Crime No.30/2020 are still pending trial. He submits that respondent-police, considering the history of the petitioner of he being the habitual offender, and in the interest of maintaining peace and tranquility, have continued to maintain the Rowdy sheet, which they are entitled to do under law. Therefore, no error, illegality or irregularity can be found therewith. Hence, seeks for dismissal of the petition. 5. Heard and perused the records. 6. Clause 1057 and 1059 of the Karnataka Police Manual, 1965, provides for mode, method and authority which is empowered to open and maintain Rowdy/history sheet of - 6 - HC-KAR CNR: KAHC010170072023 NC: 2026:KHC:39869 WP No. 7478 of 2023 an individual. Taking note of the same, the Co-ordinate Bench of this Court in its elaborately passed order in WP No.4504/2021 and connected matters on 22.04.2022, laid down certain guidelines, which reads as under: "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 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. - 7 - HC-KAR CNR: KAHC010170072023 NC: 2026:KHC:39869 WP No. 7478 of 2023 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 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. 7. It is also necessary to note that, in the earlier round of petition by the petitioner in WP No.51299/2019 this Court had indeed reiterated the said guidelines to be followed by the respondent-authorities, while considering his representation. Law with regard to opening and maintaining the rowdy/history sheet as noted above is well settled. 8. The question is whether the applicable provision of law and the guidelines laid down by this Court are followed in the instant case or not. The impugned endorsement at - 8 - HC-KAR CNR: KAHC010170072023 NC: 2026:KHC:39869 WP No. 7478 of 2023 Annexure-F which is issued by the respondent-authorities even after a specific direction given by this Court in WP No.51299/2019, reads as under; "ಂಬರಹ ಷಯ:- ೆ.ಎ.ಎ ೕ ಾೆಯ ಮ ರುದ !ೆ"ೆದು ವ$ಹೆಯರುವ "ೌ& ಾ'ೆಯನು) ಮು*ಾ+ಯ ,ಾಡಲು *ೋ0ರುವ ಬ1ೆ2. ಉ4ೇಖ :- 1) ,ಾನ6 "ಾಜ6 ಉಚ9 :ಾ6;ಾಲಯದ 0< ಅ>$ ಸಂ: 51299/2019 ໖: 09/01/2023 2) *ೋ0*ೆ ಪತB C:ಾಂಕ: 28/01/2023 3) ಎ.E.F.,ಾರತ+ಹGH ಉಪ Iಾಗರವರ ವರC C:23/02/23 4) F.ಐ. ೆ.ಎ.ಎ ೕ ಾೆ ರವರ ವರC C:21/02/23. LೕಲMಂಡ ಷಯ ಮತು+ ಉ4ೇಖಗG1ೆ ಸಂಬಂNEದಂ!ೆ ಈ ಮೂಲಕ ಮ1ೆ ಸೂPಸುವQRೇ:ೆಂದ"ೆ, ೕವQ C:ಾಂಕ :28-01-2023ರಂದು ಈ ಕSೇ01ೆ ಮನಯನು) ಸEದು . ಸದ0 ಮನಯ ,ಾನ6 "ಾಜ6 ಉಚ9 :ಾ6;ಾಲಯದ 0< ಅ>$ ಸಂTೆ6 :51299/2019 ರ ಆRೇಶದಂ!ೆ ಮ ರುದW ೆ.ಎ.ಎ ೕ ಾೆಯ ವ$ಹೆ ,ಾಡುX+ರುವ "ೌ& ಾ'ೆಯನು) ರದು 1ೊGಸಲು *ೋ0ರುವQದು ಸ0ಯYೆZ. ಮ ಮನಯ Lೕ"ೆ1ೆ ,ಾನ6 "ಾಜ6 ಉಚ9 :ಾ6;ಾಲಯದ ಸಂTೆ6 :51299/2019 ರ ಆRೇಶದನ ಅಂಶಗಳನು) ಪ0ೕ\ೕE "ೌ& ಾ'ೆಯನು) ಮು*ಾ+ಯ ,ಾಡುವ ಸಂಬಂಧ ಮ;ಾನು^ಾರ ಪ0ೕ\ೕE ವರCಯನು) ಸಸಲು ಸೂPE ಸ ಾಯಕ ೕ ಆಯುಕ+ರು, ,ಾರತ+ಹGH ಉಪ Iಾಗ ರವ01ೆ ಸೂPEದು , ಸದ0ಯವರು ೕ ಇ`abೆಕZc, ೆ ಎ.ಎ. ೕ ಾೆರವ0ಂದ ಪ0ೕ\ೕಲ:ಾ ವರCಯನು) ಪdೆದು, ಮ ರುದW ವ$ಹೆಯರುವ "ೌ& \ೕ<ನು) ಮು*ಾ+ಯ ,ಾಡRೇ ಮುಂದುವ0ಸುವQದು ಸೂಕ+ ಎಂದು ಸEರುವ ಸeಷZ ಅfbಾBಯ ವರCಯ Lೕ"ೆ1ೆ ಮ ರುದW ೆ. ಎ.ಎ ೕ ಾೆಯ ವ$ಹೆಯರುವ "ೌ& ಾ'ೆಯನು) ಮುಂದುವ"ೆEರುತ+Rೆ. ಇದು ಮ ,ಾX1ಾg. (ಎ.g0ೕi ಐ.F.ಎ) ಉಪ ೕ ಆಯುಕ+ರು, lೈ< nೕo Iಾಗ pೆಂಗಳqರು ನಗರ ರವ01ೆ, \Bೕ ಎ`. pಾಬು"ೆ&o r` lೇಣು1ೋbಾಲ"ೆ&o, 52 ವಷ$, lಾಸ : ನಂ : 448. ಸ*ಾ$0 xಾ4ೆಯ ಂIಾಗ, Rೊಡo:ೆಕುMಂC, pೆಂಗಳqರು ನಗರ, y:9845016424 " - 9 - HC-KAR CNR: KAHC010170072023 NC: 2026:KHC:39869 WP No. 7478 of 2023 9. The cryptic reasons of concerned police officer finding it appropriate to continue the Rowdy sheet, without adverting to he having fulfilled the mandatory requirements contemplated under clauses 1057 and 1059 of the Karnataka Police Manual,1965 are not forthcoming. There is also no whisper as to adherence or application of the guidelines laid down by this Court. 10. The memo filed on 27.07.2026 by learned AGA, along with the communication forwarded by the Police Inspector of the concerned police station, though extensively extracts the cases which were registered against the petitioner, also do not indicate implementation of the guidelines issued by this Court, let alone application of the clauses 1057 and 1059 of the Karnataka Police Manual, 1965. 11. The rowdy sheet in the case of the petitioner was admittedly opened in the year 2013 and has been admittedly maintained till date i.e., for over 13 years. No material is produced to justify opening and maintaining - 10 - HC-KAR CNR: KAHC010170072023 NC: 2026:KHC:39869 WP No. 7478 of 2023 the said rowdy sheet in compliance with the statuary provisions and the guidelines noted above. This is despite, this Court having directed the respondents - Authorities on two earlier occasions, noted above. 12. Necessary inference, therefore, has to be drawn is that the opening and maintaining of the rowdy sheet by the respondents-Authorities is contrary to the provisions provided therefore and the guidelines laid down by this Court as noted above. Accordingly the following order: ORDER (i) The writ petition is allowed. (ii) The endorsement at annexure-F is quashed. (iii) Respondent-authorities are directed to remove the name of the petitioner from the Rowdy sheet, which is maintained for the past 13 years. (iv) It is however clarified, if in the event of the respondent - Authorities have the information, material and are satisfied for opening Rowdy sheet - 11 - HC-KAR CNR: KAHC010170072023 NC: 2026:KHC:39869 WP No. 7478 of 2023 against the petitioner, they are at liberty to do so strictly in accordance with clause 1057 and 1059 of the Karnataka Police Manual, 1965, and the guidelines extracted herein above. Sd/- (M.G.S. KAMAL) JUDGE SPV List No.: 1 Sl No.: 14