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2026 DAILYLAW 722 (KAR)

SRI. V MANJUNATH v. THE STATE OF KARNATAKA

WP/7982/2024 · 2026-03-03

Sachin Shankar Magadum

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:12865 WP No. 7982 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.7982 OF 2024 (GM-POLICE) BETWEEN: SRI. V. MANJUNATH, S/O. R VENUGOPAL, AGED ABOUT 34 YEARS, R/AT ADESONNAHATTI VILLAGE, KASABA HOBLI, ANEKAL TALUK, BANGALORE-560099. …PETITIONER (BY SRI. S BALAKRISHNAN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF HOME AFFAIRS, REPRESENTED BY ITS SECRETARY NO. 101, 1ST FLOOR, VIKASA SOUDHA, NEAR VIDHANA SOUDHA, AMBEDKAR VEEDHI, BANGALORE-560001. Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12865 WP No. 7982 of 2024 2. THE DIRECTOR AND INSPECTOR GENERAL OF POLICE NRUPATHUNGA ROAD, BENGALURU-560001. 3. THE SUPERINTENDENT OF POLICE NO. 5, MILLERS ROAD, VASANTH NAGAR, BANGALORE-560052. 4. THE INSPECTOR OF POLICE SURYANAGARA POLICE STATION, ANEKAL TALUK, ANEKAL -562106. …RESPONDENTS (BY SRI. VIKAS ROJIPURA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO DELETE HIS NAME IN THE ROWDY SHEET / SURVEILLANCE LIST ON THE R4 SURYANAGAR POLICE STATION AS PER STANDING ORDER NO. 1059 OF KARNATAKA POLICE MANUAL. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - HC-KAR NC: 2026:KHC:12865 WP No. 7982 of 2024 ORAL ORDER This caption petition is filed seeking a writ in the nature of mandamus directing the respondents to delete his name in the rowdy sheet/surveillance list on respondent No.4, Suryanagaa Police Station as per standing order No.1059 of Karnataka Police Manual. 2. Heard the learned counsel for the petitioner and learned AGA. Perused the records. 3. The petitioner is aggrieved by the opening and continuation of a surveillance/rowdy sheet against him since the year 2018 by respondent No.4. The petitioner submits that he is a permanent resident of Adisonnahatti Village, Kasaba Hobli, Anekal Taluk, Bengaluru – 560 099 and is engaged in the business of real estate development. It is further asserted that the petitioner is an income tax assessee and that, during the course of his business activities, certain criminal cases came to be registered against him. The principal grievance of the petitioner is - 4 - HC-KAR NC: 2026:KHC:12865 WP No. 7982 of 2024 that his name has been included in the rowdy sheeters’ list without issuance of any prior notice and without affording him an opportunity of hearing. According to the petitioner, despite the fact that no criminal cases were pending against him, his name continued to be reflected in the said list. In this background, the petitioner submitted a representation, as evidenced at Annexure–G, to respondents No.2 and 4 seeking deletion of his name from the rowdy sheeters’ list. 4. Though the writ petition was filed in the year 2024 and the State has been notified and served with copies of the petition, it is unfortunate that, even during the pendency of the present writ petition, the concerned authorities, namely respondents No.2 and 4, have not taken any steps to consider the petitioner’s representation. 5. In view of the guidelines laid down by a co- ordinate Bench of this Court in a reported judgment, which - 5 - HC-KAR NC: 2026:KHC:12865 WP No. 7982 of 2024 has been produced before this Court, and having examined the said guidelines governing the opening and continuation of rowdy sheets, this Court is of the opinion that the present petition requires to be disposed of in the light of the principles enunciated therein. Before proceeding further, it would be appropriate to extract the relevant guidelines issued by the co-ordinate Bench, which read as follows: 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. - 6 - HC-KAR NC: 2026:KHC:12865 WP No. 7982 of 2024 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 be marked to the victim of Rowdy Register/History Sheet, - 7 - HC-KAR NC: 2026:KHC:12865 WP No. 7982 of 2024 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. 6. On perusal of the guidelines issued by the co- ordinate bench, this Court is of the view that respondents No.2 and 4 have to consider petitioner's representation in terms of the guidelines issued by the co-ordinate bench in the reported judgment and pass appropriate orders. For the foregoing reason, this Court passes the following: ORDER (i) Writ petition succeeds in part. (ii) Respondents No.2 and 4 are hereby directed to forthwith pass appropriate orders on the representation submitted by the petitioner strictly adhering to the guidelines formulated by this Court, which are extracted supra. - 8 - HC-KAR NC: 2026:KHC:12865 WP No. 7982 of 2024 (iii) This exercise shall be accomplished by respondents No.2 and 4 within a period of four weeks from the date of receipt of order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE DS CT: TSM List No.: 2 Sl No.: 2