# The Deputy Commissioner, Dharwad and Others vs Shivakka w/o Aminabhavi Man and Others

HTML version: [https://datalibertarian.in/babuwatch/incident/CW-2010-0014](https://datalibertarian.in/babuwatch/incident/CW-2010-0014)

## Report card

By judgment dated 12 April 2010 in Writ Appeal under Section 4, Karnataka High Court Act (against W.P. No. 20333/2004, 07.12.2006), the Karnataka High Court (Coram: D. V. Shylendra Kumar, N. Ananda, JJ.) returned findings adverse to the accused police personnel, and directed payment of compensation of Rs 3 lakh (Rs 3,00,000).

- Register number: KA 25 CW 0002
- Case reference: Writ Appeal under Section 4, Karnataka High Court Act (against W.P. No. 20333/2004, 07.12.2006)
- Court and date: Karnataka High Court (Coram: D. V. Shylendra Kumar, N. Ananda, JJ.), 12 April 2010
- Officer(s) at the material time: Not identified in the cited sources (Dharwad police (custody 27-29 November 2002))
- Present service status: Not ascertained from the cited sources.
- Provisions invoked: Not stated in the cited sources
- Finding of the Court (extract): “something damaging, disastrous had happened to deceased \[name withheld\] while he was within the power and control of the Police”
- Verdict, sentence and quantum: Adverse finding + compensation. Sentence: compensation only. Compensation: Rs 3 lakh (Rs 3,00,000).
- Present status of the proceedings: No further proceedings are recorded in the cited sources; the judgment is the concluded position shown.
- Source orders: [Judgment / order (primary source)](https://indiankanoon.org/doc/155846966/); [Permanent link to this record](https://datalibertarian.in/babuwatch/incident/CW-2010-0014)

**Record:** CW-2010-0014 (compiler id CWC-0686); case GAP10-009
**Title:** The Deputy Commissioner, Dharwad and Others vs Shivakka w/o Aminabhavi Man and Others
**Court:** Karnataka High Court; judges: D. V. Shylendra Kumar; N. Ananda
**Case number / citation:** Writ Appeal under Section 4, Karnataka High Court Act (against W.P. No. 20333/2004, 07.12.2006)
**Judgment:** 2010-04-12 (2010, day precision)
**Incident date:** 2002-11-29 (2002)
**Place:** Dharwad, Karnataka; city town: Aminabhavi; police station or unit: Dharwad police (custody 27-29 November 2002); force: state_police
**Category:** Violence & unlawful detention
**Sub-category:** custodial death
**Outcome:** Adverse finding + compensation (adverse_finding_compensation)
**Officers (gated display forms):** None named (0 in record)
**Victims:** Aminabhavi man (1 in record)
**Sentence / compensation:** compensation only; Rs 3 lakh (Rs 3,00,000)
**Sentence type:** compensation only (compensation_only)

The judgment of the Karnataka High Court records the following account. Police took control of an Aminabhavi man of Aminabhavi on the evening of 27 November 2002, rescuing him from a mob assault in which he had been tied to a telephone pole and beaten, and took him to hospital where three injuries were certified. He suffered multiple fractures and died a homicidal death by shock and haemorrhage while in police power and control over 27-29 November 2002. The Single Judge awarded Rs.3 lakh compensation in 2006; the State appealed contending he was never in police custody. The Division Bench held something damaging and disastrous happened to him within the power and control of the police, found no scope to interfere, dismissed the appeal with Rs.10,000 costs, and directed Rs.2 lakh in term deposit with Rs.1 lakh plus interest released to the widow.

> something damaging, disastrous had happened to deceased \[name withheld\] while he was within the power and control of the Police

**Sources (1):** [indiankanoon.org](https://indiankanoon.org/doc/155846966/)
**Verification:** V2 · Externally reported
**Review:** Solo Staff combined review (one combined attestation) — not yet recorded
**admin category:** brutality
**admin subcategory:** custodial_death
**allegations:** {'category': 'Custodial death', 'primary': True, 'position': 'Material fact supported', 'position_explainer': 'Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.', 'official_finding_relation': 'supports allegation'}
**anonymised:** False
**display title redacted:** The Deputy Commissioner, Dharwad and Others vs Shivakka w/o Aminabhavi Man and Others
**followup history:** {'date': '2026-09-19', 'scope': 'Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass', 'method': 'skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl)', 'result': 'holds', 'corrections_applied': \[\]}
**followup status:** checked
**institutional response:** {'date': '2010-04-12', 'action_type': 'Order issued', 'status': 'Concluded', 'authority': 'Karnataka High Court', 'independence': 'External', 'legal_effect': 'Binding', 'description': 'The Karnataka High Court recorded adverse findings against police personnel and ordered Rs 300,000.', 'disposition': 'Compensation ordered · Supports allegation (for the compensated wrong only)', 'source': 'Writ Appeal under Section 4, Karnataka High Court Act (against W.P. No. 20333/2004, 07.12.2006)', 'recheck': 'Not yet re-checked.'}
**last checked:** 2026-09-19
**link checked per url:** {'url': 'https://indiankanoon.org/doc/155846966/', 'link_checked': None}
**retracted:** {"is_retracted": false}
**service:** police
**source assessment:** {"established": null, "basis": null}
**status:** current
**subcategory display:** custodial death
**tier:** Tier A — Externally reported or officially recorded
**tier badge:** Externally reported
**tier history:** Tier A — Externally reported or officially recorded
**verdict:** accept
**verdict note:** DB upheld Rs.3 lakh custodial-death award; State appeal dismissed with Rs.10,000 costs.
**verification badge:** V2 · Externally reported
**verification status:** V2
**watch:** babuwatch

Status: Adverse finding + compensation.

[Open CW-2010-0014](https://datalibertarian.in/babuwatch/incident/CW-2010-0014)
