- 1 - HC-KAR NC: 2025:KHC:19803 WP No. 1116 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS JUSTICE J.M.KHAZI WRIT PETITION NO. 1116 OF 2022 (GM-RES) BETWEEN: 1. VIJAYA S/O SIDDAGANGAIAH AGED ABOUT 26 YEARS 2. PAWAN S/O SIDDALINGAIAH AGED ABOUT 24 YEARS BOTH ARE R/AT NEAR MUNESHWARA TEMPLE HOSAPALYA VILLAGE, KASABA HOBLI, NELAMANGALA TALUK BENGALURU RURAL DISTRICT-562 123. …PETITIONERS (BY SRI. SAMPATH A, ADVOCATE) AND: 1. STATE OF KARNATAKA BY NELAMANGALA RURAL POLICE REPRESENTED BY LEARNED SPP HIGH COURT OF KARNATAKA BENGALURU-01. 2. SMT.THIMMAKKA W/O LATE NARASIMHAIAH AGED ABOUT 90 YEARS, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19803 WP No. 1116 of 2022 R/AT CHIKKAMARANAHALLI VILLAGE, NELAMANGALA TALUK BENGALURU RURAL DISTRICT-562 123 …RESPONDENTS (BY SRI.VENKAT SATYANARAYAN.A, HCGP FOR R1; V/O DTD: 23.06.2022 SERVICE OF NOTICE ON R2 IS UNNECESSARY) THIS W.P IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMPLAINT DTD.4.5.2020 VIDE ANENXURE-B LODGED BY THE R-2 BEFORE THE R-1 NELAMANGALA POLICE REGISTERED IN CRIME NO.54/2020 FOR THE OFFENCES PUNISHABLE UNDER SECTION 143, 447, 427, 323, 149 OF IPC AND SECTION 3(1)(r)(s) OF SCHEDULE CASTE AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) AMENDMENT ORDINANCE 2014 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS JUSTICE J.M.KHAZI ORAL ORDER Petitioner who are accused Nos.1 and 2 have filed this writ petition under Articles 226 and 227 of the Constitution of India r/w Section 482 of the Code of Criminal Procedure, with a prayer to quash the criminal proceedings initiated against them. Spl.C.No.330/2020 on the file of II Addl. District and Sessions Judge, Bengaluru Rural District, Bengaluru, for the offences punishable - 3 - HC-KAR NC: 2025:KHC:19803 WP No. 1116 of 2022 under Sections 143, 447, 427, 323 r/w 149 of I.P.C and Section 3(1)(r)(s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act (for short 'SC/ST (POA) Act'). 2. For the sake of convenience, parties are referred to by their ranks before the trial Court. 3. Based on the complaint filed by respondent No.2, the concerned police have registered a case in Cr.No.54/2020. In the complaint, it is stated that complainant is having 15 acres of land in different survey numbers. She has grown Mango, Suppota(Chickoo), and coconut trees. This year, there is good yield. However, she came to know that on 30.04.2020 at 5.00 p.m, accused No.1 Vijay along with 8 to 10 people criminally trespassed into the land and harvested the fruits from Mango, suppota, and coconut trees and took away the yield. This was done over a period of 4-5 days. Accused have trespassed into the land by removing barbed fence. - 4 - HC-KAR NC: 2025:KHC:19803 WP No. 1116 of 2022 4. About two months prior to this incident, the accused had set on fire in her land in Sy.No.127/1. About one month back, they had set on fire to land in Sy.No.14. As a result of which water pipes, mango, coconut were destroyed in the fire and they have also taken away 6 meter boards. The accused persons also abused the complainant and others referring to her caste. The adjoining land belongs to the accused and they are constantly demanding complainant to give her land. Accused Nos.1 and 2 along with gunda elements have committed the above offences and caused loss of around 28 lakhs. The said land is standing in the name of complainant daughter-in-law. Along with the complaint, complainant has also enclosed another complaint dated 02.01.2020. 5. After conducting detailed investigation, the concerned police have filed charge sheet against accused Nos.1 and 2. - 5 - HC-KAR NC: 2025:KHC:19803 WP No. 1116 of 2022 6. Challenging the same, the petitioners have filed this petition, contending that the complaint is false and frivolous. It was filed in view of civil dispute pending between the parties in O.S.No.530/2013. Accused Nos.1 and 2 never went to the land in question and no incident as stated in the complaint has taken place. The complainant is 90 year old lady. She is not in a position to file complaint. She has taken the assistance of one M.S.Gangu to file the complaint. On 30.04.2020, there was nationwide lockdown. There is a delay of five days in filing the complaint and no explanation is forthcoming. The statement of witnesses indicate that complainant was not at all present at the spot when the incident took place. 7. In fact, complainant is a resident of Vijayanagar. These statements indicate that the accused abused CW-2 and not the complainant. CW-2 belongs to Vakkaliga community and therefore offences punishable under the provisions of SC/ST (POA) Act are not attracted. Though in the complaint it is alleged that accused Nos.1 - 6 - HC-KAR NC: 2025:KHC:19803 WP No. 1116 of 2022 and 2 along with 8 to 10 people came and committed the offences, however, the subsequent statement of CW-2 indicate that only accused Nos.1 and 2 came and committed the offences. 8. As held by the Hon'ble Supreme Court in Hitesh Verma Vs. State of Uttarkhand and Anr. (Hitesh Verma)1 in order to attract the provisions of Section 3(1)(r) of SC/ST(POA) Act, there must be intention on the part of the accused to insult and intimidate with an intent to humiliate member of SC/ST in a public place. The said ingredient is not forthcoming with reference to the earlier incidence. No complaint was filed. In the earlier complaint concerned police filed 'B' report. Viewed from any angle the petition is not sustainable. The continuation of proceeding amounts to abuse of the process of the Court and hence the petition. 1 (2020) 10 SCC 710 - 7 - HC-KAR NC: 2025:KHC:19803 WP No. 1116 of 2022 9. Learned HCGP submitted oral objections stating that complainant is not an eye witness to the incident. She has filed the complaint in her capacity as the owner of the lands in question. The incident took place in the presence of CW-2 and 3. After coming to know about it, complainant has filed the complaint. There is civil dispute between complainant and accused Nos.1 and 2, who are the owners of the neighbouring land. They are intending to purchase the property belonging to complainant and with that view, they are repeatedly trespassing into the land belonging to the complainant and harvesting the crops and also causing loss by destroying the trees and damaging the water supply units. 10. They have hurled abuses, referring to complainant and her family members as belonging to Schedule caste. After coming to know about the incident and after informing her son, complainant has chosen to file the complaint. The investigation reveal involvement of - 8 - HC-KAR NC: 2025:KHC:19803 WP No. 1116 of 2022 accused Nos.1 and 2 and accordingly charge sheet is filed, which makes out prima facie case. Thus, there is sufficient material to proceed against the accused persons. The specific allegation is that in addition to accused Nos.1 and 2, around 8 to 10 are also involved. However, the investigating officer has allegedly taken statement of CW-2 stating that only accused Nos.1 and 2 were involved. It is required to be ascertained at trial. In the light of the prima facie material placed on record, it is not a fit case to quash the criminal proceedings and pray to dismiss the same. 11. Heard arguments and perused the record. 12. Undisputedly a civil dispute is pending between complainant and accused Nos.1 and 2 in O.S.No.530/2013. In the complaint, it is stated that the complainant is having 15 acres of land in different survey numbers. She has grown Mango, Suppota, and coconut trees. This year, there is good yield. However, she came to know that on 30.04.2020 at 5.00 p.m, accused No.1 - 9 - HC-KAR NC: 2025:KHC:19803 WP No. 1116 of 2022 Vijaya along with 8 to 10 people criminally trespassed into the land and harvested the fruits from mango, suppota, and coconut trees and took away the yield. This was done over a period of 4-5 days. Accused have entered into the land by removing barbed fence. 13. About two months prior to this incident, the accused had set on fire in her land in No.127/1. About one month back, they had set on fire to land in Sy.No.14. As a result, of which water pipes, mango, coconut were destroyed in the fire and they have also taken away 6 meters boards. The accused persons also abused the complainant and others referring to her caste. The adjoining land belongs to the accused and they are constantly demanding complainant to give her land. Accused Nos.1 and 2 along with gunda elements have committed the above offence and caused loss of around Rs.28 lakhs. The said land is standing in the name of complainant’s daughter-in-law. Along with the complaint, - 10 - HC-KAR NC: 2025:KHC:19803 WP No. 1116 of 2022 complainant has also enclosed another complaint dated 02.01.2020. 14. Based on the said complaint, the concerned police have registered case in Cr.No.54/2020 and after conducting detailed investigation filed charge sheet against Nos.1 and 2. CW-2 Shambulingegowda is an eye witness to the incident. According to him when the incident took place along with accused Nos.1 and 2, around 8 to 10 persons were present and with their help the offence was committed. However, the investigating officer is said to have recorded the statement of CW-2 to the effect that accused Nos.1 and 2 were the only persons present when the incident took place. It is a matter of evidence and during evidence if CW-2 deposed about the involvement of other persons and is able to name them, at the instant of prosecution, the trial Court may proceed against them. So far as provisions of SC/ST act are concerned, it is the definite case of the prosecution that accused persons - 11 - HC-KAR NC: 2025:KHC:19803 WP No. 1116 of 2022 abused the complainant and her family members referring to their caste. At this stage, there is prima facie material to proceed against the accused. It is not a case for quashing the criminal proceedings against the accused persons. 15. In the result, the petition fails and accordingly the following: ORDER (i) Petition filed by the accused under Articles 226 and 227 of the Constitution of India r/w Sections 482 of Cr.P.C, is hereby rejected. (ii) The Registry is directed to send a copy of this order to the trial Court through e-mail. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 48