- 1 - NC: 2025:KHC:12998 CRL.P No. 6670 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION No. 6670 OF 2022 BETWEEN: 1. THIRTHAPPA S/O LATE DYAMAPPA AGED ABOUT 62 YEARS RESIDING AT BEDARAHOSAHALLI VILLAGE BULLAPURA SHIVAMOGGA TALUK SHIVAMOGGA DISTRICT - 577 216. 2. DHARSHAN S/O THIRTHAPPA AGED ABOUT 30 YEARS RESIDING AT BEDARAHOSAHALLI VILLAGE BULLAPURA SHIVAMOGGA TALUK SHIVAMOGGA DISTRICT - 577 216. …PETITIONERS (BY SRI LAKSHMIKANTH K, ADVOCATE) AND: 1. STATE OF KARNATAKA BY SHIVAMOGGA RURAL POLICE STATION REP BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE- 01. 2. LOKESHWARAPPA S/O DAYAMAPPA AGED ABOUT 71 YEARS Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:12998 CRL.P No. 6670 of 2022 RESIDING AT BASAVESHWRANAGARA 5TH CROSS SHIVAMOGGA - 577 216. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1 SRI UMESH P B, ADVOCATE FOR SRI R B DESHPANDE, ADVOCATE FOR R2) THIS CRL.P IS FILED UNDER SECTION 482 OF Cr.P.C. PRAYING TO QUASH THE PROCEEDINGS IN CR.No.158/2022 OF RESPONDENT SHIVAMOGGA RURAL POLICE STATION PENDING ON THE FILE OF J.M.F.C.-III, SHIVAMOGGA FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 447, 504, 506, 323, 307 R/W 34 OF IPC AND ETC., THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER 1. Petitioners are seeking to quash the proceedings initiated against them in crime No. 158/2022 of Shivamogga Rural Police Station for offence punishable under Sections 447, 504, 506, 323, 307 read with Section 34 of IPC. - 3 - NC: 2025:KHC:12998 CRL.P No. 6670 of 2022 2. Heard the learned counsel for petitioners, learned HCGP for the State and learned counsel appearing for respondent No. 2/defacto complainant. 3. It is alleged by the defecto complainant that the accused have trespassed into his property bearing survey No. 63/1B measuring about 6 acres, on 24.05.2022 at about 05.30 pm, abused him in filthy language and accused No. 2 tried to attack him with a chopper. 4. It is contended by the learned counsel for petitioners that the entire allegations are false. Respondent No. 2 filed a suit in O.S. No. 444/2019 and there was no injunction order granted in his favour and subsequently he preferred a miscellaneous appeal wherein certain interim order was granted in his favour. But, in the writ petition filed by petitioner No. 1, this Court has set aside the order passed in the miscellaneous appeal. It is contended that the suit is still pending and therefore, the dispute is civil in nature and the complainant is trying to convert civil dispute into criminal proceedings. It is contended that when the possession with regard to the property in question is yet to - 4 - NC: 2025:KHC:12998 CRL.P No. 6670 of 2022 be decided by the civil Court, it cannot be said that the petitioners herein have trespassed into the property as alleged. It is therefore, contended that the entire proceedings are liable to be quashed. 5. Per contra, learned counsel appearing for respondent No. 2 has contended that the subject matter of O.S. No. 444/2019 is property bearing survey No. 51/1 measuring 1 acre 7 guntas whereas, the subject matter of the present case is survey No. 63/1B measuring about 6 acres. He contended that the complainant has sustained injuries in the incident and he has taken treatment in the hospital. There are two eye witnesses as per the complaint averments and therefore, the proceedings cannot be quashed. 6. Learned High Court Government Pleader has contended that investigation is under progress and the complaint averments disclose a prima facie case against the petitioners and therefore, sought to dismiss the petition. - 5 - NC: 2025:KHC:12998 CRL.P No. 6670 of 2022 7. It is not in dispute that petitioner No. 1 and complainant are brothers. In the complaint it is stated that inspite of an injunction order passed in respect of the property in question, petitioners, i.e., father and son have trespassed into the complainant’s property and tried to attack him with a chopper and threatened him with dire consequences etc. Names of two persons are mentioned in the complaint who came and rescued the complainant. It is also stated that the complainant took treatment at Mcgann Hospital, Shivamogga for the injuries sustained by him in the incident. As could be seen from the schedule of the property mentioned in O.S. No. 444/2019, it is land bearing survey No. 51/1 measuring 1 acre 7 guntas. The trespass is alleged in respect of property bearing survey No. 63/1B measuring about 6 acres. At this stage it cannot be said that there is no prima facie case made out against the petitioners. Accused are alleged to have caused injuries to the complainant and there are eye witnesses. Since investigation is not completed, this is not a fit case to - 6 - NC: 2025:KHC:12998 CRL.P No. 6670 of 2022 quash the proceedings holding that the dispute is purely civil in nature. The petition is therefore dismissed. I.A. No. 1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE LRS List No.: 1 Sl No.: 15