- 1 - HC-KAR NC: 2025:KHC-K:3403 CRL.P No. 200756 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION NO. 200756 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. BASAVARAJ S/O MADEVAPPA BALI, AGE:61 YEARS, OCC: AGRICULTURE, 2. VISHWANTH S/O BASAVARAJ BALI, AGE:37 YEARS, OCC: BUSINESS, 3. MANJUNATH S/O BASAVARAJ BALI, AGE:32 YEARS, OCC: BUSINESS, ALL ARE R/O. NEAR NAYARA PETROL BUNK, TALIKOTI ROAD, HUNASAGI DIST.YADGIRI-585215. …PETITIONERS (BY SRI. R. S. LAGALI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH THE SHO, HUNASAGI PS, REP. BY THE ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI–585102. 2. SRI NINGAPPA @ NINGANNA S/O MADEVAPPA BALI AGE:65 YEARS, OCC: BUSINESS, R/O. HUNASAGI, TQ.HUNASAGI DIST.YADGIRI -585215. …RESPONDENTS (BY SMT. ARATI PATIL, HCGP FOR R1; Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3403 CRL.P No. 200756 of 2025 SRI. AVINASH A. UPLAONKAR, ADVOCATE FOR R2) THIS CRL.P IS FILED UNDER SECTION 528 OF BNSS,2023 PRAYING TO, ALLOW THIS CRIMINAL PETITION AND THEREBY QUASHT HE ORDER OF TAKING COGNIZANCE AND ISSUE OF PROCESS DT. 13.12.2024 PASSED BY THE HON’BLE ADDL. CIVIL JUDGE AND JMFC, COURT SHORAPUR IN CRIMINAL CASE NO.2005/2024 (ARISING OUT OF HUNSAGI PS CRIMENO.65/2024) FOR THE OFFENCES PUNISHABLE U/SEC 329(4) OF BHARATIYA NAGARIK SANHITA 2023 AGAINST THEM PRODUCED AT ANNEXURE-A. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Heard Sri. R.S.Lagali, learned counsel appearing for the petitioners, Smt. Arati Patil, learned High Court Government Pleader for respondent No.1 and Sri. Avinash A. Uploankar, learned counsel appearing for respondent No.2. 2. This petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhite, 2023, with the following prayer: “Wherefore, on looking into all the above mention grounds amongst others, the petitioners most - 3 - HC-KAR NC: 2025:KHC-K:3403 CRL.P No. 200756 of 2025 respectfully pray that this Hon’ble Court be pleased to allow this criminal petition and thereby quash the order of taking cognizance and issue of process Dt. 13-12- 2024 passed by the Hon’ble Addl. Civil Judge & JMFC Court, Shorapur, in Criminal Case No.2005/2024 (Arising out of Hunasagi PS. Crime No.65/2024) for the offences punishable under Section 329(4) of Bharatiya Nagarik Sanhita, 2023, against them produced at Annexure-A in the interest of justice.” 3. Facts in brief which are utmost necessary for disposal of the present petition are as under: 3.1. The respondent No.2-Ningappa filed a complaint with Hunasagi Police Station on 19.07.2024 which was registered in Crime No.65/2024 for the offences punishable under Section 329 of BNS, 2023. 3.2. The gist of the complaint averments reveal that, on 18.07.2024, between 8.20 p.m. to 8.40 p.m., the petitioners herein with a common intention trespassed into Revanasiddeshwar Lodge, and they broke open the locks which were put on the office room and iron gate and illegal entered into the office room. - 4 - HC-KAR NC: 2025:KHC-K:3403 CRL.P No. 200756 of 2025 3.3. Said act of trespassing was noticed by Vinod i.e. son of the complainant and a gangman Mahalingappa. After seeing the act of trespassing, Vinod came home immediately and informed the complainant about breaking open of the lock. As such, on 19.07.2024, the complainant along with his son visited Revanasiddeshwar Lodge at about 10.00 a.m. and noticed that, the petitioners were sitting in the office room. 3.4. Immediately thereafter, they rushed to the police station and lodged a complaint. The police after registering the case, investigated the matter and filed charge-sheet. On receipt of charge-sheet, learned trial Magistrate took cognizance of the offence under Section 329 (4) of BNS, 2023, by order dated 13.12.2024. 4. Order of taking cognizance and proceeding with the case is called in question in this petition by the accused persons on the following grounds: The order of taking cognizance & issue of process passed by the learned Magistrate at - 5 - HC-KAR NC: 2025:KHC-K:3403 CRL.P No. 200756 of 2025 the instance of complaint filed by the Respondent No. 2 against the Petitioners demonstrates the complete lack of application of mind by the learned Magistrate resulting in miscarriage of justice to Petitioners. The order of taking cognizance & issue of process passed by the learned Magistrate against the Petitioners is against the facts and materials placed on record by the Respondents and against the basic tenets of criminal jurisprudence & same has resulted in miscarriage of justice. It is respectfully submitted that, the order of taking cognizance & issue of process passed by the learned Magistrate against the Petitioners by the learned Magistrate suffers from non-application of mind as learned Magistrate has proceeded with matter in mechanical & routine manner without considering the materials placed on records as well as the totality of circumstances of the case. It is respectfully submitted that, on perusal of the complaint & other prosecution records namely statements of the witnesses and even accepting them on their face value no offences as alleged U/S. 329(4) of BNS is made out. It is submitted that, on perusal of materials - 6 - HC-KAR NC: 2025:KHC-K:3403 CRL.P No. 200756 of 2025 on records the allegations clearly fall short to make out the ingredients required to attract the said penal provision. The allegations made in the prosecution records by no stretch of imagination make out an offence punishable U/S. 329(4) of BNS & continuation of proceedings against the Petitioners is clear abuse of process of law and procedure & same deserves to quashed. It is respectfully submitted that, the learned magistrate committed grave error in passing the impugned order of taking cognizance and issue of process against the petitioners. It is submitted that the order of taking cognizance and issue of process is a serious matter as it would be touching upon the valuable rights of the accused persons, so it is incumbent upon the magistrate to carefully go through the records and pass the order. In the present case on hand, considering the totality of circumstances it appears that the learned magistrate has failed to exercise the authority as contemplated under the law. It is respectfully submitted that, the present criminal proceedings initiated against the petitioners at the instance of respondent No.2 is solely with an intention to exert undue pressure upon the petitioners more particularly petitioner No.1 so that he would not contest the - 7 - HC-KAR NC: 2025:KHC-K:3403 CRL.P No. 200756 of 2025 civil litigation pending between the respondent No.2 and petitioner No.1 in OS. No. 140/2022 pending on the file of Addl. Senior Civil Judge & JMFC Court Shorapur. It is not in dispute that the civil litigation was initiated in the year-2022 and the matter is strongly contested between the above parties. Considering the sequence of events it is clear that the present criminal proceedings are initiated with ulterior motive of building pressure upon the petitioner No.1. on this count alone the present proceedings imitated against the petitioner deserves to be quashed. It is respectfully submitted that, there is no question of any criminal trespass as contemplated U/s 329(4) of BNS in the present factual situation. It is submitted that, as per the compromise decree in O.S. No. 28/2013 the petitioner No.1 had received property bearing panchayat No. 1-2, 1-3, 1-4 along with other properties. Admittedly, the bar run by the petitioners No.1 namely Revanasiddeshwar Bar" is situated in property bearing panchayat No. 4- 317 (new 1-3). It is submitted that even on the day of incident as alleged by the respondent No.2 the petitioners had entered in their bar and they had not entered in the office attached to the lodge. It is submitted that the respondent - 8 - HC-KAR NC: 2025:KHC-K:3403 CRL.P No. 200756 of 2025 No.2 has initiated the present proceedings to exert undue pressure upon the petitioner No.1, so that he gives up his claim in the suit. On this count also the present proceedings deserve to be quashed. It is respectfully submitted that the present proceedings are clearly an offshoot of the civil litigation pending between the parties in O.S. No. 140/2022. It is submitted that, the Hon'ble Apex Court as well as this Hon'ble court in catena of decisions has deprecated the practice of filing of false criminal cases so as to exert pressure on the parties of civil litigation to enter into compromise. It is submitted that considering the factual situation and chronology of events it is clear that the present criminal proceedings are initiated to put to pressure upon the petitioners, so that they enter into a compromise in the civil suit. It is submitted that the respondent No.2 is making an attempt to convert purely civil litigation into criminal case by filing such false cases. It is submitted that continuation of such criminal proceedings are clearly abuse of process of law and are liable to be quashed. It is respectfully submitted that the present proceedings initiated against the petitioners are prima facie with malafide - 9 - HC-KAR NC: 2025:KHC-K:3403 CRL.P No. 200756 of 2025 intention solely to cause harassment. Therefore the present proceedings deserves to be quashed.” 5. Sri. R.S.Lagali, learned counsel appearing for the petitioners reiterating the grounds urged in the petition, vehemently contended that, the order of taking cognizance of the offences against the petitioners is mechanical in nature, inasmuch as no reasons are forthcoming as to why the learned trial Magistrate has decided to take cognizance and proceed with the criminal case and therefore, sought for quashing of the order taking cognizance and pending criminal case. 6. He would invite the attention of this Court that there are series of civil litigations pending between the parties and only with an intention to take upper hand in the pending civil litigations, a false complaint came to be lodged, which has been improperly investigated and false charge- sheet came to be filed against the petitioners herein which has been ignored by the learned trial Judge and thus, sought for allowing the petition. - 10 - HC-KAR NC: 2025:KHC-K:3403 CRL.P No. 200756 of 2025 7. Per contra, learned High Court Government Pleader and Sri. Avinash A. Uploankar, supports the order taking cognizance by the trial Magistrate. 8. Having heard the arguments of both Courts, this Court perused the material on record, meticulously. 9. On such perusal of material on record, it is crystal clear that, the complainant lodged the complaint based on the alleged incident being seen by his son Vinod and Gangman by name Mahalingappa. The alleged incident has taken place in between 8.20 p.m. to 8.40 p.m. on 18.07.2024 and the act of trespassing is got confirmed by the complainant next day morning at 10.00 a.m. when he visited Revanasheshwara Lodge office room, wherein all the petitioners were sitting in the office room. 10. Admittedly, it is the case of the complainant that, he had put lock to the office room as well as to the Iron Gate. It is the specific contention of the complainant that, the petitioners highhandedly broke open the locks of the Iron - 11 - HC-KAR NC: 2025:KHC-K:3403 CRL.P No. 200756 of 2025 Gate and the office room and then illegally trespassed into the place. 11. The police after thorough investigation filed charge-sheet. If at all, the pending civil litigation has got a bearing on the pending criminal case, it is always open for the petitioners to place on record before the trial Magistrate and establish that the case cannot be proceeded by framing the charge by filing necessary discharge application. 12. The order taking cognizance is perused by the Court, wherein the trial Magistrate has noticed that, the prima-facie materials are collected by the investigating agency in the form of charge-sheet materials which were sufficient enough to proceed with the case and ingredients to attract the offence under Section 329 (4) of BNS 2023, is made out and therefore, he has taken cognizance and proceeded with the case. 13. Reserving liberty for the petitioners to file necessary application and make out a case that, the criminal - 12 - HC-KAR NC: 2025:KHC-K:3403 CRL.P No. 200756 of 2025 case cannot be proceeded further, the following order is passed. ORDER The petition is dismissed. Sd/- (V SRISHANANDA) JUDGE SVH List No.: 1 Sl No.: 35