M. PURUSHOTHAMA Vs. STATE OF KARNATAKA, REP. BY THE POLICE COMMISSIONER, DEPUTY COMMISSIONER OF POLICE, ASSISTANT COMMISSIONER OF POLICE AND THE STATION HOUSE OFFICER

JUDGEMENT

(1.) THIS writ petition has been filed to direct the respondents 2 and 3 to delete the name of the petitioner from the rowdy list opened pursuant to the order No. ASD/RS/01/2009, dated 11.01.2009, as at Annexure -R1 and the rowdy sheet registered, as at Annexure -R3. Petitioner claims that he is a permanent resident at No. 80, 5th Cross, Ramesh Nagar, Bangalore -560037 and that he belongs to scheduled caste community and actively involved in politics and social work and as such, raised voice against the corruption in Government Department and that the political opponents annoyed with his popularity are desirous of making him unpopular. According to the petitioner, the 4th respondent called him in the month of August 2011 to the Police Station and took photographs and on enquiry it was stated that the rowdy sheet was opened against him by the respondents 2 and 3. Petitioner contends that the respondents 2 and 3 have opened rowdy sheet with an intention to harass him and please his political opponents and that the Police often called him to the 4th respondent Police Station and made him to sit from morning to evening and that he was called as 'rowdy' in front of public at large and they have put his photo in the Police Station notice board with an intention to defame him. He submitted that he being an innocent and law abiding citizen and there being no criminal case pending nor he having been convicted for any offences in any criminal cases, has been illegally entered his name in the rowdy sheet. After causing notice dated 19.11.2011, seeking deletion of his name from the rowdy list, finding no response, his name having not been deleted from the rowdy list, alleging that the respondent No. 2 without following the order No. 1059 of the Karnataka Police Manual -II as substituted by Order No. 33/MPM/70, dated 08.04.1970 has passed the order, this writ petition has been filed.

(2.) STATEMENT of objections was filed by the respondent No. 3 and it was submitted that the petitioner is habitually intimidating law abiding citizen by acts of violence or by show of force or by abusive language and that there are number of criminal cases registered against him in HAL Police Station in Crime No. 86/2001 for the offence punishable under S. 302 of IPC, Crime No. 107/2000 for the offence punishable under Ss. 141, 143, 144, 147, 148, 324, 307 r/w 149 of IPC, Crime No. 345 for the offence punishable under Ss. 448, 427 of IPC, Crime No. 48/2003 for the offences punishable under Ss. 324, 447, 427 r/w 34 of IPC, Crime No. 91/95 for the offences punishable under sections 341, 323 of IPC, Crime No. 104/1997 for the offences punishable under Ss. 341, 323, 504, 506 of IPC, Crime No. 268/1998 for the offences punishable under sections 341, 324, 323, 506(b) r/w 34 of IPC, it has been submitted that since petitioner was involved in number of criminal cases. It was stated that the petitioner's activities involving in the commission of offences enumerated in Clause 2 of Order No. 1059 and hence, a report was sent to the Assistant Commissioner of Police to permit to open the rowdy sheet on 11.01.1999, vide Annexure -R1 and after opening the rowdy sheet, the jurisdictional police are following the activities of the petitioner. It has been submitted that in some of the criminal cases registered against the petitioner, he was acquitted and some of them decided and compromised and that the petitioner is still involved in the rowdy activities by doing Real Estate business and threatening the innocent, people for dispossessing them from their properties and nobody come forward to give complaint against the petitioner and that the jurisdictional police keep in order to close watch on the petitioner's movements, have retained his name in the rowdy sheet. It has been submitted that the jurisdictional police wants to maintain the petitioner's name continued to be in the rowdy sheet. It has been submitted that in Crime No. 45/2009 registered in J.P. Nagar Police Station for the offences punishable under S. 302 of IPC r/w 3(1)(10) of SC/ST Atrocities Act, the accused has given a statement that he has relationship with the petitioner and the petitioner having involved in the criminal activities, they have continued his name in the rowdy list.

(3.) SRI Lakshminarayana, learned AGA, on the other hand submitted that in view of the petitioner having been an accused in several cases, he having got identified himself in politics and having influence over the people, is likely to continue to indulge in criminal activities and hence, the petitioner is entitled to the relief.