Karnataka High Court
Sri Narasayya D/O Devendrappa Bijwad vs The Police Commissioner on 7 July, 2025
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
-1-
NC: 2025:KHC-D:8453
WP No. 104354 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 7TH DAY OF JULY 2025
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO. 104354 OF 2025 (GM-POLICE)
BETWEEN:
SRI. NARASAYYA D/O. DEVENDRAPPA BIJWAD,
AGE: 39 YEARS, OCC: PVT. EMPLOYEE,
R/O. NEAR BOOSAD BUILDING, HUBBALLI,
TQ: HUBBALLI, DIST: DHARWAD-580020.
...PETITIONER
(BY SRI. NEELENDRA D. GUNDE, ADVOCATE)
AND:
1. THE POLICE COMMISSIONER,
NAVANAGAR HUBBALLI-DHARWAD,
DISTRICT: DHARWAD-580020.
2. THE DEPUTY SUPERINTENDENT OF POLICE,
HUBBALLI, DISTRICT: DHARWAD-580020.
3. THE POLICE INSPECTOR,
GHANTIKERI POLICE STATION,
VIJAYALAKSHMI
M KANKUPPI DISTRICT: DHARWAD-580020.
...RESPONDENTS
Location: HIGH
COURT OF
(BY SRI. S.V. MAGADUM, AGA)
KARNATAKA
DHARWAD
BENCH
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO
a) ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING
THE RESPONDENTS TO FURNISH THE COPY OF THE IMPUGNED
ORDER IF ANY AS PER ANNEXURE-B AND D IN THE INTEREST
OF JUSTICE AND EQUITY OR ALTERNATIVELY.
b) ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENTS NOT
TO CALL UPON THE PETITIONER TO EXECUTE THE BOND AND
UNNECESSARY CALL THE PETITIONER TO THE POLICE
STATION, IN THE INTEREST OF JUSTICE AND EQUITY AND
ETC.
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NC: 2025:KHC-D:8453
WP No. 104354 of 2025
HC-KAR
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) Learned AGA is directed to take notice for the respondents.
1. This petition is filed by the petitioner seeking a writ of mandamus or a direction to the respondents to furnish a copy of the impugned order and not to call upon the petitioner to execute bond and unnecessarily call the petitioner to the police station.
2. The petitioner claims to be a well known person in the locality and is actively involved in the socio and political activities, due to which, he has gained popularity for his social service and consequently he is also having certain political rivalries .
3. It is the case of the petitioner that a case was registered against him in C.C. No.1699/2009 which came to be committed to the Fast Track Court, Dharwad in S.C. -3- NC: 2025:KHC-D:8453 WP No. 104354 of 2025 HC-KAR No.84/2011 wherein the petitioner was arrayed as accused No.5 along with six others for the offences punishable under Sections 392, 120B, 397 and 411 of the Indian Penal Code. Thereafter, after a fair trial, the petitioner came to be acquitted along with other accused.
4. This being the state of affairs, respondent No.3, jurisdictional police station, without there being any material on record or any cogent reason, entered the name of the petitioner as a rowdy sheeter in the rowdy sheeter register. Therefore, it is contended that respondent Nos.2 and 3 without any authority of law have entered the name of the petitioner as a rowdy sheeter contrary to the law and the facts. It is further contended that the petitioner was not informed about him being as a rowdy sheeter and no copy was supplied to the petitioner except informing orally.
5. The petitioner made a representation through his advocate for supply of rowdy sheeter register opened against him on 15.11.2023 and the same came to be rejected on 23.11.2023. It is stated that respondent No.3 called the -4- NC: 2025:KHC-D:8453 WP No. 104354 of 2025 HC-KAR petitioner to visit the police station and to execute a bond. When questioned by the petitioner as to what was the requirement, it was informed to the petitioner that due to opening of the rowdy sheeter as against the petitioner, he is required to execute a bond. But however, counsel for the petitioner contends that, no reasons are assigned and no order is passed and neither any copy is supplied to the petitioner.
6. On coming to know of the same, the petitioner immediately approached the 1st respondent, requested for issuance of a copy of the order registering the petitioner as a rowdy sheeter and so also the reason as to why he has been summoned to the police station to execute a bond without notifying him and not providing any order or copy of the register of rowdy sheeter. The petitioner also made an application under Right to Information Act for furnishing the details. The same as not entertained. Therefore, he made a representation dated 08.02.2024 and 19.02.2025 for removal of his name in the rowdy sheet prepared by the respondents vide Annexures-F and G. The same was also -5- NC: 2025:KHC-D:8453 WP No. 104354 of 2025 HC-KAR not entertained or answered. It is further contended by the learned counsel for the petitioner that, inclusion of the name as a rowdy sheeter as against the petitioner is contrary to the law so also for non-compliance of the necessary requirement of supplying/providing a copy of the order and so also without taking into consideration that the petitioner has been acquitted in the S.C. No.84/2011. Therefore, he contends that the impugned order passed is illegal and the same is against and contrary to the law laid down and the judgments of the Apex Court and this Court. Hence, the present petition.
7. Learned AGA representing the respondents contends that, the present petition is filed for a writ of mandamus to furnish a copy of the order which shall be provided to the petitioner so also contends that petitioner would not be summoned to the police station without following the due process of law.
8. As the present petition is filed for furnishing of a copy of the order, I deem it appropriate to allow the petition, -6- NC: 2025:KHC-D:8453 WP No. 104354 of 2025 HC-KAR as the petitioner deserves to know the reasons and the order for including him in the rowdy sheeter register by the jurisdictional police.
9. Accordingly, I pass the following:
ORDER i. The petition is allowed.
ii. Writ of mandamus is issued to the respondents to furnish a copy of the impugned order and consider the representations of the petitioner dated 08.02.2024 and 19.02.2025 and pass suitable orders within the three weeks from the date of receipt of copy of this order.
Sd/-
(PRADEEP SINGH YERUR) JUDGE Kmv CT-MCK