Karnataka High Court
R G Somashekar Gowda vs The Commissioner Of Police on 14 June, 2012
Bench: Chief Justice, B.V.Nagarathna
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
Dated this the 14TH day of June, 2012
PRESENT
THE HON'BLE MR.VIKRAMAJIT SEN, CHIEF JUSTICE
AND
THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA
W.A No.1128/2012 (GM-POLICE)
BETWEEN
R G SOMASHEKAR GOWDA
S/O.H RAME GOWDA
AGED ABOUT 39 YEARS,
R/AT.124, 12TH B MAIN
6TH BLOCK, RAJAJINAGAR
BANGALORE 560 010
... APPELLANT
(By Sri.CHINMAY J.MIRJI, ADV. FOR
SRI.RAVI B NAIK ASSOCIATES, ADVS.)
AND
1. THE COMMISSIONER OF POLICE
BANGALORE CITY
INFANTRY ROAD,
BANGALORE
2. THE ASSISTANT COMMISSIONER OF POLICE
SESHADRIPURAM SUB DIVISION
BANGALORE CITY
3. THE POLICE INSPECTOR
HIGH GROUNDS POLICE STATION
BANGALORE CITY
4. SRI LOKESHWAR
POLICE INSPECTOR
HIGH GROUNDS POLICE STATION
BANGALORE, PRESENTLY WORKING AT
UPPERPETE POLICE STATION,
BANGALORE
... RESPONDENTS
(By Sri.BASAVARAJ KAREDDY, PRL.GA)
2
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED IN WRIT PETITION NO.34314/2010(GM-POLICE)
DATED 02/02/2012.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY
HEARING THIS DAY, CHIEF JUSTICE DELIVERED THE
FOLLOWING:
JUDGMENT
VIKRAMAJIT SEN, C.J. (Oral) :
The appellant/petitioner had filed Writ Petition No.14955/2088 which came to be decided by the learned Single Judge by order dated 17.12.2008. The direction was that the Assistant Commissioner of Police should consider the appellant/petitioner's request for deleting his name from "Rowdy 'B' Register", in the light of the recent entries in the said Register and take appropriate decision expeditiously. Dis-satisfied with that order, the appellant/petitioner before us had filed WA No.314/2009 which was also disposed of by a Division Bench by order dated 20.03.2009 permitting the appellant/petitioner to make a representation to the Commissioner of Police, who was called upon to inquire into the matter independently without being prejudiced by any earlier proceedings and pass an appropriate order. Thereupon, the Commissioner 3 of Police has passed the impugned order dated 04.04.2009. The operative portion of which reads as follows;
"ORDER No.CCRB/MOB/32/09 DATED 4TH APRIL, 2009 After perusing the contents of the Writ Appeal and the letters of the petitioner and the Police Inspector, I am satisfied that there are sufficient grounds for continuing the name of Somashekaragowda in the Rowdy Sheet and under the power vested in Rule No.1060 of Karnataka Police Manual 1998, Volume II, I authorize the Police Inspector, High Grounds Police Station to continue the name of Somashekaragowda, aged 36 years S/o.Sri.H.Ramegowda, No.124, 12th "B"
Main, 6th Block, Rajajinagar, Bangalore-560 010, in the Rowdy Sheet."
This order was next challenged by filing Writ Petition No.34314/2010 which has been dismissed by a learned Single Judge in terms of the order dated 02.02.2012. The impugned order is a detailed one, recounting all the alleged incidents in which the appellant/petitioner has caused general disturbances.
2. Learned counsel for the appellant/petitioner has endeavoured once-again to contend that the 4 appellant/petitioner is a "Whistle Blower", making allegations against Sri.Lokeshwar, then Police Inspector, High Grounds Police Station, Bangalore, as a result of which he has been falsely implicated in concocted incidents. We have perused the records and are not persuaded by this argument interalia for the reason that independent entities such as Managers of Five Star Hotels have filed reports and complaints against the appellant/petitioner alleging his rowdy behaviour by which he has caused disturbances in these Hotels. It is not disputed that the appellant/petitioner visits these Hotels; on the contrary it is stated that he is a member of Taj Innercircle. Learned Single Judge has discussed the matter in detail. We do not find any perversity in this order. The appeal is without merit and it is dismissed.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE mv