- 1 - NC: 2025:KHC:12830 CRL.P No. 2799 of 2024 C/W CRL.P No. 1011 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 2799 OF 2024 C/W CRIMINAL PETITION NO. 1011 OF 2024 IN CRL.P No. 2799/2024: BETWEEN: 1. D KISHORE REDDY S/O D SHESHA REDDY, AGED ABOUT 57 YEARS, R/AT VILLA NO.140, DEVARABEESANA HALLI, BENGALURU-560 103. 2. A SHAMPRASAD S/O SUNDAR RAMIREDDY A R/AT NO.1033, PRESTIGE FERNS CITY, GREEN GREEN GLEN LAYOUT, BELLANDUR, BENGALURU-560103. 3. DEEPAK HAWALDAR D/O THIRUMURTHY, AGED ABOUT 41 YEARS, R/AT NO.8, 8TH CROSS, MARATA COLONY, DHARWAD-590008. 4. V R CHOWDARY S/O V BENARJEE, AGED ABOUT 35 YEARS, R/AT NO.35, HAVAMBHAVI, SIRAGUPPA ROAD, Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12830 CRL.P No. 2799 of 2024 C/W CRL.P No. 1011 of 2024 BELLARY CONTONMENT, BELLARY-583104. 5. PIYUSH KUMAR S/O DEVENDRA PRASAD, AGED ABOUT 34 YEARS, R/AT N.C-9, G M COLONY, CCL AREA, CHARTHI, HAZANBAGA-825336 JHARKHAND. 6. KUMAR AMLENDU S/O RAMAKUMAR MISHRA, AGED ABOUT 35 YEARS, R/AT NO.132, OLD BOYS HOSTEL, GACHIBOWLI, IIT, KV RANAGAREDDY DISTRICT TELANGANA-500032. …PETITIONERS (BY SRI. KALYAN R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY SHO, HEBBAGODI P S REPRESENTED BY STATE PUBLIC PROSECUTOR, HON'BLE HIGH OF KARNATAKA, AT BENGALURU-560001. 2. SRINIVASA C S/O CHIKKAABBAIAH, R/AT GATTAHALLI VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK-562106 BENGALURU DISTRICT KARNATAKA. …RESPONDENTS (BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1; NOTICE TO R2 IS SERVED AND UNREPRESENTED) - 3 - NC: 2025:KHC:12830 CRL.P No. 2799 of 2024 C/W CRL.P No. 1011 of 2024 THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE FIR NO.48/2024 REGISTERED BY HEBBAGODI POLICE, FOR THE ALLEGED OFFENCES P/U/S 3(1)(f), 3(1)(g) OF THE SC/ST (POA) ACT, 2014 AND U/S 427, 506, 143, 147, 148, 149, 447 AN D468 OF IPC, WHICH IS PENDING BEFORE 2ND ADDL. DISTRICT AND SESSIONS COURT, BENGALURU RURAL DISTRICT AT BENGALURU. IN CRL.P NO. 1011/2024: BETWEEN: 1. MUNIYAPPA B S/O LATE PATEL BEERAPPA AGED ABOUT 87 YEARS R/A GATTAHALLI VILLAGE SARJAPURA HOBLI ANEKAL TALUK-562106 BANGALORE DISTRICT. 2. MANJUNATHA M S/O LATE MUNIRAJU AGED ABOUT 39 YEARS R/A MULLURU VILLAGE VARTHURU HOBLI BENGALURU EAST TALUK-560035. 3. MULLANGI SANDEEP CHOWDARY S/O M CHANDRASHEKAR CHOWDARY AGED ABOUT 42 YEARS R/A FLAT NO.414, 1A SUNCITY GLORIA APARTMENTS SARJAPURA MAIN ROAD BANGALORE EAST TALUK BANGALORE-560 035. 4. THAMMINENI PAVAN KUMAR S/O T SREERAMULU AGED ABOUT 47 YEARS R/AT SITE NO.88, MALIBU GRANDE GREEN GLEN LAYOUT - 4 - NC: 2025:KHC:12830 CRL.P No. 2799 of 2024 C/W CRL.P No. 1011 of 2024 BELLANDURU BENGALURU-560103. ..PETITIONERS (BY SRI. KALYAN R.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY SHO HEBBAGODI P S REPRESENTED BY STATE PUBLIC PROSECUTOR HON'BLE HIGH COURT OF KARNATAKA AT BANGALORE-560001. 2. SRINIVASA C S/O CHIKKAABBAIAH AGED ABOUT 40 YEARS R/AT GATTAHALLI VILLAGE SARJAPURA HOBLI ANEKAL TALUK-562106 BENGALURU DISTRICT KARNATAKA. ...RESPONDENTS (BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1; SRI B.C. RAJANNA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE FIR NO.48/2024 REGISTERED BY HEBBAGODI POLICE FOR THE ALLEGED OFFENCE P/U/S 3(1)(f), 3(1)(G) OF SC/ST (POA) ACT AND SEC.427, 506, 143, 147, 148, 149, 447, 468 OF IPC WHICH IS PENDING BEFORE II ADDITIONAL DISTRICT AND SESSION COURT BENGALURU RURAL AT BENGALURU. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR - 5 - NC: 2025:KHC:12830 CRL.P No. 2799 of 2024 C/W CRL.P No. 1011 of 2024 ORAL ORDER 1. The petitioners/accused challenge the registration of the First Information Report (FIR) in Crime No.48/2024 for offences punishable under Sections 3(1)(f) and 3(1)(g) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2014, and Sections 427, 506, 143, 147, 148, 149, 447, and 468 of the Indian Penal Code (IPC). 2. The 2nd respondent lodged the FIR alleging that the complainant’s grandmother, Manjulamma, had been cultivating the subject land and had filed Forms No. 50 and 53 for regularization of unauthorized cultivation. The complainant claims to be cultivating the subject land as an unauthorized occupant, and in the same survey number, Smt. Rajamma is also cultivating a portion of the land. 3. It is further alleged that, on 9.1.2023, the petitioners/accused, by forming an unlawful assembly, trespassed onto the subject land, uprooted trees using a JCB machine, and constructed a compound wall. 4. Although notice was duly served upon Respondent No.2, he chose not to appear before the Court, either in person or through counsel, and was therefore placed ex parte. - 6 - NC: 2025:KHC:12830 CRL.P No. 2799 of 2024 C/W CRL.P No. 1011 of 2024 5. The Court has heard the submissions made by the learned counsel for the petitioners and the learned High Court Government Pleader (HCGP) representing the respondent-State. 6. The alleged incident occurred on 9.12.2023, whereas the FIR was lodged only on 21.01.2024, without any plausible explanation provided for the delay. The petitioners assert ownership of the subject land, substantiated by a copy of the order passed by this Court in W.P. No.7448/2022, disposed of on 22.2.2023. In that order, a direction was issued to the concerned Tahsildar to mutate the names of the petitioners in the Record of Rights concerning the subject land. 7. Additionally, Respondent No.2 has not appeared before this Court to challenge or establish that Forms No. 50 and 53 were filed for the regularization of unauthorized cultivation. This clearly implies that the said forms were likely not submitted to the Competent Authority. 8. A perusal of the FIR indicates that there are no allegations suggesting that the petitioners abused the 2nd respondent with reference to his caste, which is a necessary element to constitute an offence under the SC/ST Prevention of Atrocities Act, 2014. - 7 - NC: 2025:KHC:12830 CRL.P No. 2799 of 2024 C/W CRL.P No. 1011 of 2024 9. The dispute between the parties appears to be purely civil in nature but has been given a criminal complexion with an ulterior motive to harass the petitioners. Permitting the investigation to proceed under these circumstances would amount to an abuse of the process of law. 10. Accordingly, the petitions are allowed. 11. The impugned FIR in Crime No.48/2024, registered by the Hebbagodi Police, insofar as it relates to the petitioners herein, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 3 Sl No.: 4