Karnataka High Court
Nanjappa vs State Of Karnataka on 17 August, 2023
Bench: Krishna S.Dixit
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NC: 2023:KHC:29121
WP No. 14416 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 14416 OF 2023 (GM-POLICE)
BETWEEN:
NANJAPPA,
S/O LATE NARAYANAPPA,
AGED ABOUT 41 YEARS,
RESIDING AT NO.7,
NAVARATHNA AGRAHARA,
BHOVIPALYA JALA HOBLI, SADAHALLI POST,
BENGALURU RURAL DISTRICT 562 110.
ALSO RESIDING AT NO 12/3, 1ST MAIN,
ROYAL ENCLAVE PALM, SATHANURU COLONY,
SRINIVASAPUR, BEGAURU POST,
YELAHANKA BENGALURU 560 064.
...PETITIONER
(BY SRI. N NANDAN.,ADVOCATE)
Digitally AND:
signed by
SHARADA
VANI B STATE OF KARNATAKA
Location: BY CHIKKAJALA POLICE STATION BENGLAURU CITY,
HIGH COURT
OF REPRESENTED BY STATE PUBLIC PROSECUTOR,
KARNATAKA HIGH COURT BUILDING, BENGALURU 560 001.
...RESPONDENT
(BY SMT.NAVYA SHEKHAR., AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE RESPONDENT POLICE WHO HAS ISSUED POLICE
NOTICE BEARING NO. CJ/PS/CC/104/2023 AS PER ANNX-A
DTD 20.06.23 NOT TO ENTER HIS NAME IN THE LIST OF
ROWDY SHEET/HISTORY SHEET.
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NC: 2023:KHC:29121
WP No. 14416 of 2023
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner who admittedly happens to be an accused
in five of the enlisted criminal cases is knocking at the
doors of writ court with the following prayer:
"Wherefore, the above named petitioner
most humbly prays that this Hon'ble Court may
be pleased to direct the respondent police who
has issued police notice bearing
No.CJ/PS/CC/104/2023 as per Annexure-A
dated 20.06.2023 not to enter his name in the
list of rowdy sheet/History sheet in the interest
of justice". (sic)
2. Learned counsel for the petitioner argues that out
of nine criminal cases enlisted in the Police Notice dated
20.06.2023 at Annexure-A, his client happens to be one of
the accused in only five cases and that all they involve
petty offences and therefore the proposal to enlist him as
a Rowdy Sheeter is unsustainable. He draws attention of
the court to the judgments of Co-ordinate Benches in his
client's Criminal Petition No.6200/2022 disposed off on
08.02.2023 granting bail in Crime No.136/2021 and
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WP No. 14416 of 2023
Criminal Petition No.813/2023 disposed off on 03.03.2023
quashing C.C.No.8653/2022.
3. Learned AGA on request appearing for the
respondent-State vehemently opposes the petition making
submission in justification of the proceedings in question.
She takes the court through the judgment of Co-ordinate
Bench in Criminal Petition No.6200/2022 which mentions
about serious allegations of setting up a dead person as
being alive and thereby causing sale of property by playing
fraud & fabrication. She also highlights a spate of criminal
cases which the petitioner has been facing, although one
having been quashed by a Co-ordinate Bench in Criminal
Petition No.813/2023. She adds that rowdy sheeting is a
serious exercise which the jurisdictional police would
undertake keeping in view the parameters fixed by this
court in B.S.PRAKASH vs. STATE OF KARNATAKA &
OTHERS, AIR 2022 KAR 155. So contending she seeks
dismissal of the writ petition.
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WP No. 14416 of 2023
4. Having heard the learned counsel for the parties
and having perused the petition papers, this Court declines
indulgence in the matter inasmuch as admittedly at least
five cases involving serious offences are pending
investigation/trial and therefore petitioner being one of the
accused, cannot resist the legal process of rowdy sheeting
which involves a host of factors as enumerated by this
court in the case of B.S.PRAKASH supra. It is not that
the said process has been undertaken and will be
accomplished unilaterally; petitioner has been given
opportunity of participation/representation. If & when he
is rowdy sheeted, it is open to him to approach the
appropriate authority as indicated in the said decision for
the redressal against the same. Therefore, the petition is
too premature to say the least.
5. The vehement submission of learned counsel for
the petitioner that when the criminal cases do not involve
serious offences, a citizen cannot be rowdy sheeted,
appears to be too broad a proposition to be accepted.
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WP No. 14416 of 2023
Seriousness of the criminal cases is a dominant factor in
rowdy sheeting is true. However, where there is a
plethora of criminal cases and the same prove pernicious
to the society, the police are justified in taking up rowdy
sheet proceedings. It hardly needs to be stated that
registration of crimes is not a condition precedent for
taking up such proceedings, although ideally speaking.
Even that question would not arise since petitioner has
been facing several criminal cases. Merely because one
or two of enlisted cases are quashed by the Co-ordinate
Benches, that per se would not come to the aid of
petitioner.
6. Right to property has been constitutionally
guaranteed under Article 300A as expansively construed
by the Apex Court in K.T.PLANTATION PRIVATE
LIMITED vs. STATE OF KARNATAKA (2011) 9 SCC 1.
If a person is accused of fabricating property records of
others, the State cannot be a mute spectator especially
when such cases galore against him. As already observed
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above, proceedings would involve participation of the
petitioner by way of representation/reply to the subject
notices. The authorities would consider all aspects of the
matter before enlisting the petitioner as a rowdy sheeter.
In the above circumstances, this writ petition being
devoid of merits, is liable to be dismissed and accordingly
it is. Costs reluctantly made easy.
Sd/-
JUDGE
Bsv
