IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107074 OF 2025 (GM-POLICE)

BETWEEN:

GUNGADI SHARANAPPA TOTHAPPA AGE: 39 YEARS, OCC: AGRICULTURE, AT: VTC, NELGERI, PO: KUDRIMOTI, DISTRICT: KOPPAL, PIN CODE: 583 237.

…PETITIONER (BY SRI. SACHIN C ANGADI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA R/BY ITS SECRETARY HOME DEPARTMENT, VIDHANA SOUDHA, DR. B. R. AMBEDKAR VEEDHI, BENGALURU- 560001.

2. SUPERINTENDENT OF POLICE KOPPAL DISTRICT: KOPPAL PIN CODE-583 231.

Digitally signed by RAKESH S

3. THE BEVOOR POLICE STATION BEVOOR HARIHAR Location: Hig h TQ: YALABURGA DISTRICT: KOPPAL Court of Karnataka, PIN CODE-583 237.

Dharwad Bench, Dharwad …RESPONDENTS (BY SRI.T.HANUMAREDDY, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AND BE PLEASED TO QUASH THE IMPUGNED ORDER DATED 13.07.2025, BEARING NO.12/KO OO VI/2025/820, PASSED BY THE SUPERINTENDENT OF POLICE, KOPPAL, THE COPY OF THE IMPUGNED ORDER PRODUCED HERE WITH ANNEXURE-F, IN THE INTEREST OF JUSTICE AND EQUITY.

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:

Issue a writ, order or direction in the nature of Certiorari or any other appropriate writ, order or direction and be pleased to quash the impugned order dated 13.07.2025, bearing no.12/PÉÆÃM«/2025/820, passed by the Superintendent of Police, Koppal, the copy of the Impugned order produced here with Annexure-F, in the interest of justice and equity.

2. Heard the learned counsel Sri.Sachin C. Angadi, appearing for petitioner and learned AGA-Sri.T.Hanumareddy, appearing for respondent.

3. The petitioner gets embroiled in Crime No.82 of 2025 registered for offences punishable under Sections 352 and 353(2) of the Bharatiya Nyaya Sanhita, 2023. Upon registration of the crime, the name of the petitioner is drawn in the list of rowdies maintained by respondent No.3-Bevoor Police Station.

4. The name of the petitioner is drawn in the list of rowdies under Category-C. The petitioner then submits a representation for deletion of his name from the list of rowdies on the score that it is the crime registered was for offences punishable under Sections 189(2), 191(2), 126(2), 308(2), 352 and 190 of the BNS, 2023 and therefore his name ought to be deleted.

5. The Learned AGA would submit that despite the rejection of the representation, the case of the petitioner would be considered on its merits in terms of the law laid down by the Co-ordinate Bench in the case of B.S.PRAKASH VS. STATE OF KARNATAKA AND OTHERS in W.P.No.4504/2021 disposed on 22.04.2022.

6. Learned counsel for the petitioner submits that in identical cases, this Court following the judgment rendered by the Co-ordinate Bench of this Court has held as follows:

3. "The petitioner is said to have got himself embroiled in several crimes for the offences punishable under Sections 110(E) and (G) of the Cr.P.C. and all those cases have been closed on acquittal. In certain other cases for offences punishable under Indian Penal Code as well.

4. Learned counsel for the petitioner submits that the petitioner has been acquitted of the offences he would seek to place reliance upon the order passed by this Court in an identical circumstances. This Court in W.P. No.28554/2023 disposed on 29^th February 2024 had passed the following order:

“3. Facts in brief germane, are as follows:

The petitioner gets embroiled in a crime in Crime No.723/2009 for the offences under Sections 143, 147, 148, 307, 332, 109, 149 r/w. 120B of the IPC and Sections 25 and 27 of the Arms Act. The police investigates into the matter and files a charge sheet before the concerned Court. Subsequent, to the said cri