Karnataka High Court
Sri. Anil Kumar S/O Mangaleshappa ... vs The Superintendent on 4 August, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2025:KHC-D:9709
WP No. 105156 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF AUGUST 2025
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.105156 OF 2025 (GM-POLICE)
BETWEEN:
SRI. ANIL KUMAR S/O. MANGALESHAPPA KALBHAVI,
AGE: 43 YEARS, OCC: INSURANCE AGENT,
R/O: MANGALORE, TQ: KUKNOOR,
DIST: KOPPAL - 583 230.
...PETITIONER
(BY SRI. NEELENDRA D. GUNDE, ADVOCATE)
AND:
1. THE SUPERINTENDENT OF POLICE, KOPPAL,
TQ & DIST: KOPPAL- 583 231.
2. THE DEPUTY SUPERINTENDENT OF POLICE,
KOPPAL, TQ & DIST: KOPPAL - 583 231.
3. THE CPI KOPPAL RURAL CIRCLE
KOPPAL, TQ & DIST: KOPPAL - 583 231.
4. THE POLICE SUB-INSPECTOR,
ALWANDI POLICE STATION, TQ & DIST: KOPPAL.
Digitally signed by
GIRIJA A.
BYAHATTI 5. THE POLICE INSPECTOR,
Location: High BEVOOR POLICE STATION
Court of Karnataka, TQ: YALBURGA, DIST: KOPPAL.
Dharwad Bench,
Dharwad ...RESPONDENTS
(BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI QUASHING THE IMPUGNED ORDER OF ROWDY
SHEETING THE PETITIONER DATED 01/04/2025 PASSED BY THE
RESPONDENT NO.2/ THE DEPUTY SUPERINTENDENT OF POLICE
KOPPAL IN LATTER BEARING NO- 05/KOUVI/2025. VIDE
ANNEXURE-F AND CONSEQUENTLY QUASH THE ROWDY SHEET
REGISTRAR OPENED DATED 06/04/2025 PASSED BY RESPONDENT
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NC: 2025:KHC-D:9709
WP No. 105156 of 2025
HC-KAR
NO-4/ ALWANDI POLICE SUB-INSPECTOR. VIDE ANNEXURE-G AND
ETC.,
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The Petitioner is before this Court seeking for the following reliefs:
a. Issue a writ of certiorari quashing the impugned order of rowdy sheeting the Petitioner dated 01/04/2025 passed by the Respondent No.2/ The Deputy Superintendent of Police Koppal in latter bearing no- 05/KOUVI/2025. vide Annexure-F b. And consequently quash the Rowdy sheet registrar opened dated 06/04/2025 passed by respondent no-4/ Alwandi Police Sub-Inspector. Vide Annexure-G. c. Issue or pass such other order as deemed fit in the interest of justice.
2. On a complaint filed by one Dr.Ramesh Mulimani that while he was examining a patient, the Petitioner had trespassed into the examination room and started abusing him with filthy language, asking why he had not paid the salary of the Petitioner's wife and had assaulted him, as well as threatened to kill him. Crime No.57/2023 was registered on 3.7.2023. On -3- NC: 2025:KHC-D:9709 WP No. 105156 of 2025 HC-KAR 9.1.2025, Respondent No.4 - Police Inspector, Bevoor Police Station, issued a show cause notice as to why Petitioner should not be registered in the rowdy list and asked for an explanation. A detailed objection was submitted on 20.1.2025 by the Petitioner that he was a press reporter in Hosa Digantha newspaper and that he was falsely implicated in the matter. The same was not considered. The Petitioner had also filed Criminal Petition No.103342/2024 where the said proceedings have been stayed.
3. It is in that background, when Respondent No.2 without considering reply of the Petitioner had accepted the report submitted by Respondent No.5 - Police Inspector and ordered for insertion of the name of Petitioner in rowdy sheet, that the Petitioner is before this Court seeking for the aforesaid reliefs.
4. Sri. Neelendra Gunde, learned counsel for the Petitioner would submit that the Petitioner is a law abiding citizen, he has not violated any particular -4- NC: 2025:KHC-D:9709 WP No. 105156 of 2025 HC-KAR provisions, the insertion of the name of the Petitioner would cast a stigma on the fair name of the Petitioner and lastly he submits that the complaint as filed does not indicate or attract Order 1059 of Karnataka Police Manual and as such, the order has passed is not sustainable and is required to be quashed.
5. On earlier occasions, when the matter was taken up learned AGA was called upon to enquire, obtain instructions and make his submission as to if the Petitioner had been implicated in any other proceedings, whether any other proceedings were pending and or disposed with the conviction of the Petitioner, learned AGA today on inquiry and instructions submit that there are no other proceedings which are either pending or closed against the Petitioner.
6. In that background, if the above matter is considered, it would be seen that it is only one -5- NC: 2025:KHC-D:9709 WP No. 105156 of 2025 HC-KAR complaint which had been filed which has been stayed by this Court.
7. Order 1059 of the Karnataka police manual is reproduced hereunder for easy reference:
REGISTER OF ROWDIES 1059. (1) A rowdy may be defined as a goonda and includes a hooligan, tough, vagabond or any person who is dangerous to the public peace and tranquility.
(2) The main forms of rowdyism are:-
(a) Passing indecent remarks at women and School and College Girls;
(b) Intimidation of law abiding people by acts of violence or by show of force or by abusive language;
(c) Forcible collection of subscription;
(d) Taking sides in petty quarrels between land-
lords and tenants or between co-tenants and threatening people of the opposite party;
(e) Disorderly conduct;
(f) Rioting; and
(g) Snatching and committing robbery (3) In every Police Station, a 'Register of Rowdies' should be maintained in Form No. 100 in three parts viz., Part A, Part B and Part C which should be in separate Volumes. All the volumes are to be treated as confidential records.
(4) (a) Names and particulars of 'Confirmed Rowdies' who are residents in the Police Station concerned should -6- NC: 2025:KHC-D:9709 WP No. 105156 of 2025 HC-KAR be entered in the Register Part A, a few pages being allotted for each person.
(b) Names and particulars of 'Confirmed Rowdies' who are not residents in the Police Station limits but operate within its jurisdiction and names of Homeless Confirmed Rowdies' should be entered in Part B, a few pages being allotted for every person.
(c) Names and particulars of "Novices" who are budding goondas should be entered in Part C. They may be either residents or non-residents of the Police Station concerned.
(5) Prior Orders of the Superintendent of Police or the Sub-Divisional Police Officer should be obtained for entering the name of every rowdy in the Register of Rowdies.
(6) Names of persons against whom there are ample instances of rowdyism should be entered in the Register Part A or Part B after the records are checked by the Inspector.
(7) When there are one or more instances of rowdyism against any person or if he has a very bad reputation in the locality as a bully, his name entered in Part 'C' on the ground of very bad reputation, a thorough enquiry should be made by the Officer in charge of the Police Station before the entry is made.
(8) In the running history, all the criminal activities of the rowdy including reasonable suspicion of his complicity in cases and/or complaints against him with case numbers, if any, and results of cases, etc., should be mentioned in separate paragraphs which should be numbered chronologically. Against each entry in the running history, there should be reference to Station House Diary entries, case diaries, source reports, mass petitions, petty cases, etc., as the case may be. (9) Officers incharge of Police Stations should, in the course of their daily scrutiny of the entries in the Station House Diary and the petty cases Register, satisfy themselves that relevant notes therefrom have been made and embodied in the 'Rowdy Register' against the -7- NC: 2025:KHC-D:9709 WP No. 105156 of 2025 HC-KAR rowdies concerned. Before despatching the note of having embodied the information in the rowdy register copy of the Station House Diary to the Circle Inspector/SDPO, a note of having embodied the information in the rowdy register against the relevant entries, should be made.
(10) Supervisory officers, during their inspections of Police Stations, should satisfy themselves that the entries have been properly made.
(11) When the activities of a non-resident rowdy comes to notice, the Officer in charge of the Police Station concerned should not only make necessary entries in Part 'B' of the Rowdy Register but also promptly transmit information to the Officer in charge of the Police Station in the limits of which the rowdy resides, to enable the latter to make necessary entries in Part 'A' of the Rowdy Register of his Police Station. (12) When the Part 'C' rowdies indulge frequently in rowdy and anti-social acts, their names should be transferred from Part 'C' or 'B', as the case may be, of the Rowdy Register. When there is no entry against a Part 'C' rowdy during the period of one year from the date of entry of his name in the Register, his name may be struck off from the Register by the Officer in charge of the Police Station concerned in consultation with the Circle Inspector.
(13) No name should be struck off from Part 'A' or Part 'B' of the Rowdy Register without the order in writing of the Superintendent of Police. In such cases, the Inspectors should send their recommendations to Superintendent of Police through the Sub-Divisional Police Officers.
(14) The Inspectors should maintain in their offices, the entire lists of the names of rowdies with their addresses which are on record in the Rowdy Register of the Police Station under their charge. The lists should be maintained Police Station-wise and maintained separately for each type of rowdies. The Inspectors should once in a quarter, check up their own lists with the Rowdy Registers of the Police Stations under them. -8-
NC: 2025:KHC-D:9709 WP No. 105156 of 2025 HC-KAR (15) Under the existing laws, a rowdy can be dealt with in the following ways:
(i) Prosecution in specific cases, like robbery, rioting, grievous hurt, etc.,
(ii) Prosecution in appropriate cases for obscene acts and songs under section 294 IPC (This is a cognizable offence);
(iii) Prosecution for riotous and indecent behaviour, drunkenness, etc, under Sections 92 (o), (p), (q) and (r) of the Karnataka Police Act 1963, in the areas to which the provisions of that Section have been extended;
(iv) Action under Section 108 (b) of the Code of Criminal Procedure;
(v) Action under Section 107 Cr.P.C
(vi) Action under Section 110 Cr.P.C.
(vii) Action under the preventive detention laws;
(viii) Externment proceedings under Section 55 and 56 of the Karnataka Police Act, 1963; and
(ix) Action under Section 509 IPC for eve-teasing;
(16) Every information that any particular Tea Stall, Restaurant, Eating House or Bar is the resort of rowdies and other types of anti-social elements, when received should promptly be verified and if found correct, the office-in-charge of the Police Station should suitably warn the proprietor/keeper of the Tea-Stall, Restaurant, etc., (17) With a view to facilitating identification of the rowdies by face, the Officer in charge of the Police Station should, during the roll call, show to the Station Staff recent photographs of the rowdies. He should instruct them to watch their movements and collect information about their activities. -9-
NC: 2025:KHC-D:9709 WP No. 105156 of 2025 HC-KAR (18) List of persons bound down under Section 106 or under Section 117 of the Code of Criminal Procedure should be maintained in the Police Station with the names and address of the sureties in the following columns:-
(1) Sl. No. (2) Name and address of the complainant.
(3) Gist of the complaint with date and place of occurrence.
(4) Names and addresses of persons with aliases bound down.
(5) Period for which bound down.
(6) Order of the Magistrate with date.
(7) Names and address of the sureties.
(8) Remarks (19) If during the period a person is bound over, there are complaints against him, an immediate enquiry should be made and if the complaints are found to be true, the court should be moved for taking action against the person and the sureties."
8. From the perusal of the above, it is seen that the offence alleged against the Petitioner as regards an alleged threat held out by the Petitioner to the aforesaid complainant doctor, is not one which is covered under Order 1059 of the Karnataka Manual Police, and even if they were, those proceedings which have been initiated against Petitioner have
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NC: 2025:KHC-D:9709 WP No. 105156 of 2025 HC-KAR been stayed by this Court. In that view of the matter, I pass the following:
ORDER
i) The Writ Petition is allowed.
ii) The impugned order dated 1.4.2025 passed by Respondent No.2 vide Annexure-F is hereby quashed. The order to open a rowdy sheet dated 6.4.2025 passed by Respondent No.4 vide Annexure-G is also hereby quashed.
iii) A direction is issued to Respondent No.2 to delete the name of the Petitioner from the rowdy register maintained by the Respondent No.4.
iv) Liberty is however reserved to the Respondents to take such action as may be required to be taken if there are any more offences committed by the Petitioner.
Sd/-
(SURAJ GOVINDARAJ) JUDGE PRS/CT-ASC List No.: 1 Sl No.: 25