SRI MANJUNATH KRISHNAPPA DALAWAI vs THE STATE OF KARNATAKA

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IN THE HIGH COURT OF KARNATAKA AT DHARWAD


TH
DATED THIS THE 17 DAY OF OCTOBER, 2026

R
BEFORE

THE HON'BLE MR. JUSTICE M.G.S. KAMAL

WRIT PETITION NO. 106261 OF 2026 (GM-POLICE)

BETWEEN:

SRI MANJUNATH KRISHNAPPA DALAWAI
S/O KRISHNAPPA DALAWAI
AGE 39 YEARS, OCC. AGRICULTURE,
R/O GRAM PANCHAYAT, GADDANAKERI, SIMIKERI,
BAGALKOT 587103, DIST. BAGALKOT.
…PETITIONER




(BY SRI. KUSHAL N.K., ADVOCATE)

AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF HOME AND INTERNAL AFFAIRS,
R/BY ITS PRINCIPAL SECRETARY,
VIKAS SOUDHA, AMBEDKAR VEEDHI, BENGALURU 01.

2. THE SUPERINTENDENT OF POLICE,
BAGALKOT, DIST. BAGALKOT 587101.

3. THE POLICE SUB-INSPECTOR,
NAVANAGAR POLICE STATION,
BAGALKOT, DIST. BAGALKOT.
…RESPONDENTS






Digitally
signed by
SAROJA
HANGARAKI
Location: high
court of
karnataka,
dharwad
bench

(BY SRI. PRASHANTH V. MOGALI, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT, ORDER OR
DIRECTIONS IN THE NATURE OF CERTIORARI QUASHING THE
IMPUGNED INTIMATION/COMMUNICATION, DATED 10.06.2026 BEARING
RD
NO. NIL, ISSUED BY THE 3 RESPONDENT VIDE ANNEXURE-A AND ETC.

THIS WP COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

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ORAL ORDER

1. Petitioner, confronted with the notice issued by the
Sub-Inspector of Police, Navanagara Police Station, Bagalkot,
threatening to open a Rowdy sheet against him in terms of
Order No.1059 of the Karnataka Police Manual, is before this
Court.

2. Learned counsel for the petitioner submits that, merely
because two false cases have been foisted against the
petitioner in Crime No.73/2026 for the offences punishable
under sections 318(4),336(2),336(3),337 and 338 of the
Bharatiya Nyaya Sanhita, 2023, and in Crime No.74/2026 for
the offences punishable under sections 132 and 262 of the
Bharatiya Nyaya Sanhita, 2023, the respondent Sub-Inspector
of Police has threatened to open a rowdy sheet against the
petitioner. He submits that the aforesaid cases arise out of
civil litigation pending consideration in O.S.Nos.111/2017 and
208/2025.

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3. He relies upon the judgment of the Co-ordinate Bench of this
1
Court in the case of B.S.Prakash v. the State of Karnataka
and submits that, though document at Annexure-A purports to
be a notice, it is in fact, an order opening a Rowdy sheet,
which runs contrary to the provisions of law and the principles
laid down by this Court. Hence, seeks for allowing the petition.

4. Learned HCGP, justifying the issuance of the notice, submits
that it is only a notice and upon an explanation being
submitted by the petitioner, an appropriate order will be
passed. There is no cause of action for the petitioner to
approach this Court, instead, he is required to submit a reply
to the Sub-Inspector of Police.

5. Heard. Perused the records.

6. This Court has noticed that of late there is considerable
increase in the cases of notices being issued by the Sub-
Inspectors of Police with a threat to open Rowdy sheet against
the persons who are named in one or two criminal cases most
of which arise out of private family property or matrimonial
disputes. Present case is one such classic case wherein a

1
Writ Petition No.4504/2021 along with connected matters

dated 22.04.2022

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Sub-Inspector of Police has issued a notice threatening to
open a rowdy sheet. The notice in question reads as under:
“¨ÁUÀ®PÉÆÃl f¯Áè ¥Éǰøï
£ÀªÀ£ÀUÀgÀ ¥Éǰøï oÁuÉ, ¨ÁUÀ®PÉÆÃl E-ªÉÄïï:

[email protected]
zÀÆgÀªÁtÂ: : 08354-235323 E-ªÉÄïï:
ªÉÆÃ.£ÀA:9480803964 ¦£ï PÉÆÃqï : 587103
PÀæªÀiÁAPÀ: /2026 ¢£ÁAPÀ: 10.06.2026

:¥Éǰøï w¼ÀĪÀ½PÉ ¥ÀvÀæ:

F ªÀÄÆ®PÀ ¤ªÀÄUÉ w½AiÀÄ ¥ÀqɸÀĪÀzÉ£ÉAzÀgÉ, £ÀªÀ£ÀUÀgÀ oÁuÉ UÀÄ£Áå.£ÀA: 73/2026 PÀ®A:
318[4], 336[2],336[3],337.338, ©.J£ï.J¸ï-2023 2)74/2026 PÀ®A 132.262 ©.J£ï.J¸ï ¥ÀæPÀgÀtzÀ°è
DgÉÆæAiÀiÁVzÀÄÝ EgÀÄvÀÛzÉ.

PÁgÀt ¤ÃªÀÅ C¥ÁAiÀÄPÁj PÀÈvÀåUÀ¼À£ÀÄß J¸ÀUÀĪÀ ¸ÁzÀåvÉ EzÀÄÝ ªÀÄÄAzÉ ¸ÀªÀiÁd PÀAoÀPÀ£ÁV
ºÉÆgÀºÉƪÀÄÄäªÀ ¸ÁzÀåvÉUÀ½gÀÄvÀÛªÉ ¤ªÀÄä PÁ£ÀÆ£ÀÄ ¨Á»gÀ ZÀlĪÀlPÉUÀ¼À ªÉÄÃ¯É ±Á±ÀévÀ ¤UÁªÀ»¸À®Ä ªÀÄvÀÄÛ
¤ªÀÄä ¸ÀªÀiÁdUÁvÀÄPÀ PÀÈvÀåUÀ¼À£ÀÄß ºÀvÉÆÃnUÉ vÀgÀĪÀ GzÉÝñÀ¢AzÀ ¤ªÀÄä «gÀÄzÀÝ gËr ºÁ¼ÉUÀ¼À£ÀÄß
vÉgÉAiÀÄĪÀzÀÄ CvÀåªÀ±ÀPÀªÁVgÀÄvÀÛzÉ DzÀÄzÀjAzÀ PÀ£ÁðlPÀ ¥ÉÇ°Ã¸ï ªÀiÁå£ÀåªÀ¯ï DzÉñÀ ¸ÀASÉå : 1059 (J)
gÀ£ÀéAiÀÄ ¤ªÀÄä «gÀÄzÀÞ £ÀªÀ£ÀUÀgÀ ¥Éǰøï oÁuÉAiÀÄ°è gËr ºÁ¼ÉAiÀÄ£ÀÄß vÉgÉAiÀįÁUÀĪÀzÀÄ.

UÉ,
ªÀÄAdÄ£ÁxÀ vÀA.PÀȵÀÚ¥Àà zÀ¼ÀªÁ¬Ä
¸Á:¹Ã«ÄPÉÃj”

7. Perusal of the aforesaid notice leaves no doubt, that it is not a
notice calling upon the petitioner to show cause or to submit
his explanation as sought to be contended by learned HCGP,
but it is in the nature of intimation to the petitioner that there
is a necessity and thus a Rowdy sheet would indeed be
opened.

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8. Order No.1059 of the Karnataka Police Manual apart from
defining the term rowdy also provides procedure for opening
and maintenance of REGISTER OF ROWDIES the said Order
reads as under:
“REGISTER OF ROWDIES

1059. (1) A rowdy may be defined as a goonda and includes
a hooligan, tough, vagabond or any person who is
dangerous to the public peace and tranquility.

(2) The main forms of rowdyism are:-

(a) Passing indecent remarks at women and School
and College Girls;

(b) Intimidation of law abiding people by acts of
violence or by show of force or by abusive
language;
(c) Forcible collection of subscription;
(d) Taking sides in petty quarrels between land-lords
and tenants or between co-tenants and
threatening people of the opposite party;

(e) Disorderly conduct;
(f) Rioting; and
(g) Snatching and committing robbery

(3) In every Police Station, a 'Register of Rowdies' should be
maintained in Form No.100 in three parts viz., Part A, Part B
and Part C which should be in separate Volumes. All the
volumes are to be treated as confidential records.

(4) (a) Names and particulars of 'Confirmed Rowdies' who
are residents in the Police Station concerned should be
entered in the Register Part A, a few pages being allotted for
each person.


(b) Names and particulars of 'Confirmed Rowdies' who are
not residents in the Police Station limits but operate

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within its jurisdiction and names of Homeless
Confirmed Rowdies' should be entered in Part B, a few
pages being allotted for every person.

(c) Names and particulars of "Novices" who are budding
goondas should be entered in Part C. They may be either
residents or non-residents of the Police Station
concerned.

(5) Prior Orders of the Superintendent of Police or the Sub-
Divisional Police Officer should be obtained for entering the
name of every rowdy in the Register of Rowdies.

(6) Names of persons against whom there are ample
instances of rowdyism should be entered in the Register Part
A or Part B after the records are checked by the Inspector.

(7) When there are one or more instances of rowdyism
against any person or if he has a very bad reputation in the
locality as a bully, his name entered in Part 'C' on the
ground of very bad reputation, a thorough enquiry should be
made by the Officer in charge of the Police Station before
the entry is made.

(8) In the running history, all the criminal activities of the
rowdy including reasonable suspicion of his complicity in
cases and/or complaints against him with case numbers, if
any, and results of cases, etc., should be mentioned in
separate paragraphs which should be numbered
chronologically. Against each entry in the running history,
there should be reference to Station House Diary entries,
case diaries, source reports, mass petitions, petty cases,
etc., as the case may be.

(9) Officers incharge of Police Stations should, in the course
of their daily scrutiny of the entries in the Station House
Diary and the petty cases Register, satisfy themselves that
relevant notes therefrom have been made and embodied in
the 'Rowdy Register' against the rowdies concerned. Before
dispatching the copy of the Station House Diary to the Circle
Inspector/SDPO, a note of having embodied the information
in the rowdy register against the relevant entries, should be
made.

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(10) Supervisory officers, during their inspections of Police
Stations, should satisfy themselves that the entries have
been properly made.

(11) When the activities of a non-resident rowdy comes to
notice, the Officer in charge of the Police Station concerned
should not only make necessary entries in Part 'B' of the
Rowdy Register but also promptly transmit information to
the Officer in charge of the Police Station in the limits of
which the rowdy resides, to enable the latter to make
necessary entries in Part 'A' of the Rowdy Register of his
Police Station.

(12) When the Part 'C' rowdies indulge frequently in rowdy
and anti-social acts, their names should be transferred from
Part 'C' or 'B', as the case may be, of the Rowdy Register.
When there is no entry against a Part 'C' rowdy during the
period of one year from the date of entry of his name in the
Register, his name may be struck off from the Register by
the Officer in charge of the Police Station concerned in
consultation with the Circle Inspector.

(13) No name should be struck off from Part 'A' or Part 'B'
the Rowdy Register without the order in writing of the
Superintendent of Police. In such cases, the Inspectors
should send their recommendations to Superintendent of
Police through the Sub-Divisional Police Officers.

(14) The Inspectors should maintain in their offices, the
entire lists of the names of rowdies with their addresses
which are on record in the Rowdy Register of the Police
Station under their charge. The lists should be maintained
Police Station-wise and maintained separately for each type
of rowdies. The Inspector should once in a quarter, check up
their own lists with the Rowdy Registers of the Police
Stations under them.

(15) Under the existing laws, a rowdy can be dealt with in
the following ways:

(i) Prosecution in specific cases, like robbery, rioter
grievous hurt, etc.,

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(ii) Prosecution in appropriate cases for obscene acts and
songs under Section 294 IPC (This is cognizable
offence);
(iii) Prosecution for riotous and indecent behaviour,
drunkenness, etc., under Sections 92 (0), (p), (q)
and (r) of the Karnataka Police Act 1963, in the
areas to which the provisions of that Section have
been extended;
(iv) Action under Section 108 (b) of the Code of Criminal
Procedure;
(v) Action under Section 107 CrPC
(vi) Action under Section 110 CrPC
(vii) Action under the preventive detention laws;
(viii) Externment proceedings under Section 55 and 56 of
the Karnataka Police Act, 1963; and
(ix) Action under Section 509 IPC for eve-teasing;

(16) Every information that any particular Tea Stall,
Restaurant, Éating House or Bar is the resort of rowdies and
other types of anti-social elements, when received should
promptly be verified and if found correct, the office-in-
charge of the Police Station should suitably warn the
proprietor/keeper of the Tea-Stall, Restaurant, etc.,

(17) With a view to facilitating identification of the rowdies
by face, the Officer in charge of the Police Station should,
during the roll call, show to the Station Staff recent
photographs of the rowdies. He should instruct them to
watch their movements and collect information about their
activities.

(18) List of persons bound down under Section 106 or under
Section 117 of the Code of Criminal Procedure should be
maintained in the Police Station with the names and address
of the sureties in the following columns:-

(1) Sl. No.

(2) Name and address of the complainant.

(3) Gist of the complaint with date and place of occurrence.

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(4) Names and addresses of persons with aliases bound
down.

(5) Period for which bound down.

(6) Order of the Magistrate with date.

(7) Names and address of the sureties.

(8) Remarks.


(19) If during the period a person is bound over, there are
complaints against him, an immediate enquiry should be
made and if the complaints are found to be true, the court
should be moved for taking action against the person and
the sureties.”

9. Clause (5) of the said order mandates that before
opening/entering the name of every Rowdy in the Register of
Rowdies prior orders from the Superintendent or Sub-
Divisional Police Officer shall be obtained.

10. The officer who is empowered to open and maintain,
history/rowdy sheet is Superior Police officer of the rank of
Superintendent of police or Sub-divisional police. The
jurisdictional Police Inspector or the officer in-charge of the
police station shall with the prior orders of Superintendent of
police or Sub-divisional Police Officer enter name of Rowdy in
the Register of Rowdies. A Sub-Inspector or Police cannot on
his own open a Rowdy sheet.

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11. The Co-ordinate bench of this Court in the case of
B.S.Prakash (supra) while dealing in detail with substantive
and procedural law to be mandatorily followed by the
concerned-police officer in the matters of opening and
maintaining the history/rowdy sheet, has laid down guidelines
for opening of rowdy sheet/history sheet, which read as
under:
GUIDELINES FOR ROWDY/HISTORY SHEETING:

Before entering the name of an individual to the Register of
i.
Rowdies, the jurisdictional police shall collect and collate the
material information concerning him and frame the proposal
for registration on that basis.

ii. A brief proposal notice shall be sent to the individual
concerned in a sealed cover with an option to submit his
representation within two weeks as to why his name should
not be registered as a rowdy. However, there is no need to
afford a personal hearing. In exceptional cases notice may be
dispensed with for reasons to be recorded in the Register of
Rowdies.

In terms of Clause (5), Order 1059 of the Manual, the
iii.
Superintendent of Police or the Sub – Divisional Police Officer
shall not accord approval for entering the name of individual
concerned to the Register of Rowdies without calling for
records and objectively considering the same. He shall briefly
record his reasons for according the approval and mark a
copy thereof to the individual forthwith, with a mention that
he may petition the Police Complaints Authority, against the
same.

iv. The jurisdictional Police shall compulsorily once in two years,
undertake a periodic review of entries in the Register of
Rowdies suo motu, as provided under Clause (2), Order 1057
of the Manual. However, it is open to the aggrieved, to make

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a representation at any time after one year of registration,
seeking deletion of name from the Rowdy Register on the
basis of changed circumstances such as rectitude, good
conduct, social/community service, etc.

v. The representation for review shall be considered by the
jurisdictional Police at the initial level within a period of 30
days, during which necessary inputs may be obtained through
the available sources as to merits of the claim. The
recommendation shall be sent to the jurisdictional
Superintendent of Police or the Sub – Divisional Police Officer,
within 15 days along with the representation & the material
collected thereon. Such recommendation along with the result
of consideration of the representation shall be communicated
to the individual concerned within next 15 days.

Any individual aggrieved by the rejection of his representation
vi.
or continuation of his name in the Register may petition to the
Police Complaints Authority ordinarily within 30 days.
However, no personal hearing shall avail. The petition shall be
disposed off by recording reasons within an outer limit of 60
days, after considering the material on record or the fresh
inputs that may be requisitioned, by the authority.

The entire process of Rowdy/History Sheeting from the stage
vii.
of issuance of proposal notice as specified above, up to the
issuance of the orders on the petition if any to the Police
Complaints Authority, shall be done only in a sealed cover
procedure and that nothing therein shall be disclosed nor
made available to anyone, except to the aggrieved, nor any
Right To Information (RTI) application shall be entertained in
this regard.

viii. The violation of these guidelines shall constitute a major
misconduct and an adverse entry on proof thereof shall be
made by the Disciplinary Authority in the Service Register of
the erring official after hearing him and a copy thereof shall
be marked to the victim of Rowdy Register/History Sheet,
without brooking any delay.
Whatever guidelines herein above laid down shall be
ix.
applicable to the case of History Sheeters as well, mutatis
mutandis and subject to the provisions of Karnataka Police
Manual, 1965.

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12. Though there is no express provision under Order No.1059 of
the Karnataka Police Manual providing for issuance of prior
notice, the Co-ordinate Bench of this Court in the aforesaid
guideline No.ii has directed for issuance of a brief proposal
notice which is an additional safeguard in the protection of
rights of citizenry against the excess of Police. The said
guidelines of issuance of notice has to be read along with
guideline No.iii which is in consonance with the object, purport
and rigour of Clause (5) of the Order No.1059 of the
Karnataka Police Manual.

13. The aforesaid guideline No.ii appears to have been misread by
the respondent-Police, wherein even the Sub-Inspectors of
police stations have started issuing the notices to anyone and
everyone whom and whose name he thinks deserves to be
entered into a Rowdy sheet by expressly declaring that a
Rowdy Sheet will be opened, without reference he having
obtained prior orders of the Superintendent of Police or the
Sub-Divisional Police Officer. There is no compliance to even to
the tenor of the aforesaid guideline No.ii which is only to
provide an opportunity to the person against whom a Rowdy

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Sheet sought to be open to submit his representation as
mentioned therein. Therefore, Sub-Inspector has no power or
authority to issue a notice intimating opening of the Rowdy
Sheet as sought to be done in the instant case.

14. The very fact, that this kind of notices are being issued runs
contrary to the mandate of law, which bars opening a Rowdy
Sheet without the prior orders of Superintendent of Police or
the Sub-Divisional Police Officer, who is authorised by the
Superintendent of Police. Therefore it goes without saying that
even if a notice is required to be issued, such notice has to be
issued by the Superintendent of Police or authorised the Sub-
Divisional of Police Officer or with his prior order. Such power
cannot be exercised by an Officer below the rank of the
Superintendent of Police or Sub-Divisional Police Officers.

15. It is made clear that notice for opening a Rowdy sheet, if any,
shall be issued only by an officer not below the rank of
Superintendent of Police or a Sub-Divisional Police Officer
authorised in accordance with law.

16. The guidelines in the B.S.Prakash (supra) case shall be read
and applied accordingly.

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17. Necessary instructions or circular in this regard shall be issued
by respondent No.1-State Government to all the concerned
police stations.

18. Accordingly, the petition is allowed .

19. The impugned notice/intimation/communication dated
10.06.2026 issued by respondent No.3 at Annexure-A is
hereby quashed.

20. Copy of this order be forwarded to respondent No.1 for
necessary action and compliance.

Sd/-
(M.G.S. KAMAL)
JUDGE


RHR
CT:VP
LIST NO.: 1 SL NO.: 48