IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 21^ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 105700 OF 2025 (GM-POLICE)

BETWEEN:

FAIJAL S/O. MAHAMADRAFIQ BANKAPUR R/O. #2038, RAHAMAT NAGAR, HIRE BAGEWADI, BELAGAVI-591109.

…PETITIONER (BY SRI. ANWARALI D NADAF, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA BY IT’S SECRETARY HOME DEPT, VIDHAN SOUDHA, BENGALURU-560001.

2. STATION HOUSE OFFICER HIREBAGEWADI PS, BELAGAVI, BELGAVI-591109.

VISHAL 3. COMMISSIONER OF POLICE NINGAPPA PATTIHAL BEHIND LINGARAJ COLLEGE, D VI i S gi H ta A ll L y N si I g N n G ed A P b P y A COLLEGE ROAD, BELAGAVI-590001.

PATTIHAL Location: High Court of K D a a r te n : a 2 ta 0 k 2 a 5 D .1 h 2 a .0 rw 2 a 1 d 1 : B 5 e 3 n :1 c 5 h +0530

4. DEPUTY COMMISSIONER OF POLICE (L AND O)

BEHIND LINGRAJ COLLEGE, COLLEGE ROAD, BELAGAVI 590001.

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

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO:

A. TO REMOVE/DELETE NAME OF THE PETITIONER FROM THE ROWDY SHEETER AND MODUS OPERANDI BUREAU.

B. AMONGST THE OTHER GROUNDS AT THE TIME OF HEARING AND GROUNDS RELIED IN THE AVERMENT MAY BE CONSIDERED AS THE PART OF THIS PETITION.

THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP 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:

“To issue writ of mandamus or any other appropriate writ and direct the respondents:

A. to remove/delete name of the petitioner from the rowdy sheeter and modus operandi bureau.

B. amongst the other grounds at the time of hearing and grounds relied in the averment may be considered as the part of this petition.

C. Grant such other relief as this Hon’ble court deems fit and necessary, in the interest of justice.”

2. The petitioner is before the Court on a frequent circumstance of him being called for parade or being harassed by the police unnecessarily.

3. The learned counsel for the petitioner submits that the name of the petitioner is drawn or will be drawn in the list of rowdies is the apprehension. In the event that is to be drawn, the learned counsel submits that the law as declared by the Co- ordinate Bench in W.P.No.4504 of 2021, disposed on 22.04.2022, should be followed in the case of B.S.PRAKASH VS. STATE OF KARNATAKA AND OTHERS.

4. The learned AGA submits that the petition is premature as this petition is instituted only on an apprehension that the petitioner is being called by the police for the purpose of parade or investigation or enquiry as the case would be.

5. Be that as it may. In the light of the aforesaid circumstance that has led the petitioner to this Court, it is needless to observe that the State would not flout the law as 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, in which the Co-ordinate Bench 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 crime, another crime comes to be registered in Crime No.244/2012 for the of