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Karnataka High Court
Sri Rajendra S/O Gautam Bailur vs The State Of Karnataka on 2 December, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2025:KHC-D:17080
WP No. 108834 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 2ND DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 108834 OF 2025 (GM-POLICE)
BETWEEN:
SRI. RAJENDRA S/O. GAUTAM BAILUR,
AGE: 37 YEARS, OCC: BUSINESS,
H. NO. 1930, DANE GALLI,
SHAHAPUR, BELAGAVI - 06.
...PETITIONER
(BY SRI. RAM P. GHORPADE, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD 11.
2. THE POLICE COMMISSIONER,
BELAGAVI - 590 001.
3. THE ASSISTANT COMMISSIONER OF POLICE,
BELAGAVI - 590 001.
Digitally signed by 4. THE POLICE INSPECTOR,
VISHAL NINGAPPA
PATTIHAL CAMP POLICE STATION, BELAGAVI - 590 001.
Location: High
Court of Karnataka, ...RESPONDENTS
Dharwad Bench, (BY SRI. T. HANUMAREDDY, AGA)
Dharwad
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF MANDAMUS OR ANY OTHER WRIT OR DIRECTION,
DIRECTING THE RESPONDENT TO CONSIDER THE
REQUEST/REPRESENTATION OF THE PETITIONER DATED 30.05.2025
VIDE ANNEXURE-A, IN THE INTEREST OF JUSTICE AND EQUITY.
B) ANY OTHER ORDER/S MAY KINDLY BE PASSED IN THE INTEREST
OF JUSTICE AND EQUITY. C) PERMISSION MAY KINDLY GRANTED TO
AMEND THE PETITION AS AND WHEN NECESSARY.
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NC: 2025:KHC-D:17080
WP No. 108834 of 2025
HC-KAR
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioner is before this Court seeking the
following prayer:
A. Issue a Writ in the nature of Mandamus or any
other writ or direction, directing the respondent to
consider the request/representation of the
petitioner dated 30.05.2025 vide Annexure-A, in
the interest of justice and equity.
B. Any other Order/s may kindly be passed in the
interest of justice and equity.
C. Permission may kindly granted to amend the
petition as and when necessary.
2. Heard the learned counsel Sri. Ram P.
Ghorpade appearing for the petitioner and the learned AGA
Sri. T. Hanumareddy representing the respondents.
3. The petitioner is before the Court on the score that
his representation for removal of his name from the list of
rowdies maintained before the respondent No.4, Police Station is
not considered and therefore, the non-consideration has driven
the petitioner to this Court in the subject petition.
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HC-KAR
4. The learned AGA submits that if reasonable time is
granted, the representation of the petitioner would be considered
and appropriate orders would be passed.
5. In that light, I deem it appropriate to dispose the
subject petition directing the respondent No.3 to pass necessary
orders on the representation with regard to deletion of the name
of the petitioner from the list of rowdies maintained before the
respondent No.4 Police Station, bearing in mind the observations
made by the Co-ordinate Bench in B.S. Prakash vs. State of
Karnataka and others in W.P. No.4504 of 2021 disposed of on
22.04.2022. The guidelines laid down in the said order 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,
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HC-KAR
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.
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
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HC-KAR
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, 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. In the light of the said submission, I deem it
appropriate to dispose the subject petition directing
consideration of the representation of the petitioner strictly in
consonance with the observations made by the Co-ordinate
Bench in the judgment quoted (supra), within twelve weeks from
the date of receipt of the copy of this order, if not earlier.
Ordered accordingly.
Sd/-
(M.NAGAPRASANNA)
JUDGE
RSH/CT-ASC
List No.: 1 Sl No.: 71
