CHANDRAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) SEEKING quashing of rowdy sheet opened and maintained against the petitioner in the 4th respondent -Police Station, this writ petition was filed.

(2.) ACCORDING to the respondents, the petitioner is one of the accused in Cr. No. 186/2009 registered by the 4th respondent -Police, for the offences punishable under Sections 143, 147, 148, 120 -B, 307 and 302 r/w Sec. 149 of IPC. According to the respondents, the petitioner and his associates are notorious rowdies and there are many cases against them in different police stations of Bangalore City and outside and all the associates of the petitioner are involved in real estate business and criminal activities. According to the respondents, the petitioner and other accused, conspired and committed murder of Ravi Raj @ Bullet Ravi, deceased in Cr. No. 186/2009 and hence, the Assistant Commissioner of Police, Yelahanka Police Station, opened rowdy sheet and entered the name of the petitioner, in the rowdy list, on 30.01.2010. Respondents contend that the petitioner created public nuisance and disturbed public life and peace on 17.12.2012 in Attur Layout and hence, the 4th respondent registered case in Cr. No. 338/2012, under Sections 110(E) and (G) of Cr.P.C. and the petitioner was arrested and produced before the Taluk Executive Magistrate and that apart a case was registered on 14.06.2013 in Cr. No. 184/2013, on account of petitioner attacking one Ashwathappa and assaulting him.

(3.) SRI K. Abhinav Anand, learned advocate contended that none of the conditions prescribed in Order No. 1059 of Karnataka Police Manual apply to the petitioner, as he was not involved in any of such cases and the opening of rowdy sheet against the petitioner is arbitrary and illegal. He submitted that the petitioner comes from Thoti family of Attur and his father and forefathers were doing thoti work and are agriculturists. He submitted that the petitioner is not involved in any criminal case, except the one shown as accused No. 15 in the charge sheet filed pursuant to the case registered in Cr. No. 186/2009 and the petitioner having not been found guilty in the said case and the main accused having also been acquitted, the petitioner has been made to suffer humiliation, mental torture and loss of reputation and that his family members are also subjected to humiliation and harassment and in the circumstances, interference is called for.