IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 3918 OF 2025 (GM-POLICE)

BETWEEN:

MELWIN ARUN D'CUNHA S/O FELIX D'CUNHA AGED ABOUT 37 YEARS R/AT MAVINAKERE ESTATE MAVINAKERE VILLAGE, MUDIGERE TALUK, KALASA CHICKMAGALAURU - 577 124 …PETITIONER Digitally signed (BY SRI. KETHAN KUMAR, ADVOCATE)

by NAGAVENI Location: High Court of Karnataka AND:

1. STATE OF KARNATAKA REP. BY ITS SECRETARY HOME DEPARTMENT VIDHANA SOUDHA BANGALORE - 560 001

2. THE INSPECTOR GENERAL OF POLICE EAST ZONE, JAYADEVA CIRCLE, DAVANAGERE DAVANGERE DISTRICT - 577 002

3. THE SUPERINTENDET OF POLICE DAVANGERE DAVANGERE DISTRICT - 577 006

4. THE SUB INSPECTOR OF POLICE CHENNAGIRI POLICE STATION DAVANGERE DISTRICT - 577 213

5. THE SUB INSPECTOR OF POLICE KALASA POLICE STATION CHIKKAMAGALURU DISTRICT - 577 124 …RESPONDENTS (BY SRI. RAHUL CARIAPPA K.S., AGA)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R4 AND R5 TO DELETE THE NAME OF THE PETITIONERS FROM THE MOB (MODUS OPERANDI BUREAU) MAINTAINED BY THE R4 AND R5 IN THEIR RECORDS AGAINST THE PETITIONER.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioner is before this Court seeking the following prayer:

"a. Directing the Respondent No.4 and 5 to delete the name of the Petitioner from the M.O.B (Modus Operandi Bureau) maintained by the Respondent No.4 and 5 in their records against the petitioner.

b. Pass such other relief as this Honourable Court deems fit in the circumstances of the case."

2. Heard the learned counsel Sri.Kethan Kumar, appearing for the petitioner and the learned Additional Government Advocate Sri.Rahul Cariappa K.S., appearing for the respondents.

3. Facts in brief germane, are as follows:

The petitioner, a resident at Kalsa, Mudigere gets embroiled in a crime in Crime No.62 of 2010 for offences punishable under Section 489(A)(B)(C)(D)(E) of the IPC. Pursuant to the registration of the crime, the name of the petitioner is drawn in the M.O.B (Modus Operandi Bureau)

register in M.O.B. No.438/15222. The petitioner on a full blown trial, in S.C.No.54 of 2011 gets acquitted in terms of the order passed by the concerned Court on 02.01.2012. The petitioner on 19.08.2024 was summoned by the police, as annually a person whose name is drawn in the Modus Operandi Bureau gets summoned from the jurisdictional police. It is then, the petitioner is before this Court seeking removal of his name from the Modus Operandi Bureau.

4. The learned counsel Sri.Kethan Kumar representing the petitioner would submit that 12 years ago, the petitioner has been acquitted, there is no other case pending against him for his name to be drawn or kept in the Modus Operandi Bureau. He would seek its removal by a direction at the hands of this Court.

5. The learned Additional Government Advocate Sri. Rahul Cariappa K.S., would seek to defend the action on the score that the offence against him was counterfeiting currency, as obtaining under Section 489 (A)(B)(C)(D)(E) of the IPC and the offences under the Wildlife Protection Act. He would submit that the name of the petitioner should remain as an out-of-view criminal, as propensity to commit the offence all over again is writ large in the case of the petitioner. He would therefore seek dismissal of the petition.

6. I have given my anxious consideration to the contentions of respective learned counsel and have perused the material on record.

7. The afore-narrated facts are not in dispute. They would not require any reiteration. The issue in the lis is weather the name of the petitioner drawn into the Modus Operandi Bureau could be sustained even today for it to remain in the said registry. Drawing up of a name of a criminal under the Modus Operandi Bureau, is dealt with under clause 1720 of the Karnataka Police Manual. It reads as follows:

" MODUS OP