IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 24^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108828 OF 2025 (GM-POLICE)

BETWEEN:

SHRI. SHANMUKH S/O. MAHADEVAPPA BENNI, AGE: 30 YEARS, OCC: PRIVATE EMPLOYEE, RESIDENT OF GOUDAR ONI, BHAIRIDEVARAKOPPA, HUBBALLI.

…PETITIONER (BY SRI. JANET O CONNOR, ADVOCATE)

AND:

1. THE GOVERNMENT OF KARNATAKA, REPRESENTED BY ITS HOME SECRETARY, VIDHANADSOUDHA, BENGALURU - 560 001.

2. THE COMMISSIONER OF POLICE, HUBBALLI DHARWAD POLICE, COMMISSIONER OFFICE, P.B. ROAD, NAVANAGAR, HUBBALLI-580 025.

3. THE ASSISTANT COMMISSIONER, HUBBALLI NORTH SUB DIVISION, HUBBALLI CITY-580 025, Digitally signed by RAKESH S DHARWAD DISTRICT.

HARIHAR Location: High Court of Karnataka, Dharwad Bench, 4. THE INSPECTOR OF POLICE Dharwad A.P.M.C POLICE STATION NAVANAGAR, HUBBALLI – 580 025.

…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 OF CERTIORARI TO QUASH THE PERMISSION ACCORDED BY THE RESPONDENT NO.3 VIDE ORDER DATED 10.07.2023 BEARING ORDER NO.ACP(U)/ROW.SHE/14/2023 ANNEXURE-C AND CONSEQUENTLY REMOVE THE NAME OF THE PETITIONER ENTERED IN THE ROWDY REGISTER AND ETC., 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 the Court feeling aggrieved by the name of the petitioner being drawn in the list of rowdies maintained in the respondent No.4 police station.

2. The learned counsel for the petitioner takes this Court through the documents appended to the petition to demonstrate that the petitioner has not been embroiled in any crime whatsoever except one where the other accused had approached this Court in W.P.No.104618/2025 disposed on 14.08.2025 and the Court has quashed the listing of the name of that petitioner in the list of rowdies.

3. The learned counsel submits that there is no warrant for continuation of the name of the petitioner in the list of rowdies, as the petitioner has not been charged with any offence till date, while it is not correct that one's the name is drawn in the list of rowdies, that only after registration of a crime or otherwise, it is in terms of the Police Act or in terms of the Police manual that the name of the list of rowdies is drawn.

4. The Co-ordinate Bench of this Court in B.S. Prakash v. State of Karnataka in W.P.No.4504 of 2021 disposed on

22.04.2022 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 offences under Sections 120B, 143, 147, 148, 341, 427, 323, 324, 332, 307, 302, 506, 114 r/w. 149 of the IPC and Sections 25 and 27 of the Arms Act. The third case comes to be registered in Crime No.20/2016 for the offences under Sections 399 and 402 of the IPC.

4. The police file a charge sheet against the petitioner for the offences under Sections 399 and 402 of the IPC. Based upon these crimes registered against the petitioner and the trial being pending, the name of