- 1 - HC-KAR NC: 2025:KHC:18397 CRL.P No. 7330 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ CRIMINAL PETITION NO. 7330 OF 2025 (482(Cr.PC) / 528(BNSS)-) BETWEEN: 1. SMT NETHRAVATHI AGED ABOUT 37 YEARS, WIFE OF SRI NAGARAJ POOJARY NO.12-33, GOLIGUNDI, SHIROOR VILLAGE BAINDURU TALUK UDUPI DISTRICT - 576 228 2. SRI NARAYANA AGED ABOUT 43 YEARS SON OF SRI MACHA R/AT DARU HOUSE, VIDYA NAGAR BAINDURU TALUK UDUPI DISTRICT - 576 214 3. SMT. NAGARATHNA MALYA AGED ABOUT 36 YEARS, WIFE OF SRI DEVARAJ MALYA NO. 10-92, NEW COLONY SHIROOR VILLAGE BAINDURU TALUK UDUPI DISTRICT - 576228. 4. SRI DEVARAJ MALYA AGED ABOUT 41 YEARS SON OF SRI ERA MALYA NO. 10-92, NEW COLONY SHIROOR VILLAGE BAINDURU TALUK UDUPI DISTRICT - 576228. 5. SMT. LAXMI MALYA Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18397 CRL.P No. 7330 of 2025 AGED ABOUT 35 YEARS WIFE OF SRI GANESH MALYA NO. 10-92, NEW COLONY SHIROOR VILLAGE BAINDURU TALUK UDUPI DISTRICT - 576228. 6. SRI GANESH MALYA AGED ABOUT 36 YEARS SON OF SRI ERA MALYA NEW COLONY, HADAVINAKONE SHIROOR VILLAGE, BAINDURU TALUK UDUPI DISTRICT - 576 228 7. SRI SUBRAMANYA AGED ABOUT 45 YEARS SON OF SRI MACHA NO. 9-142, MUDRAMAKKI, SHIROOR VILLAGE BAINDURU TALUK UDUPI DISTRICT - 576 228 8. SMT. JYOTHI AGED ABOUT 38 YEARS WIFE OF SRI SUBRAMANYA NO. 9-154, MUDRAMAKKI MASTIKATTE ROAD SHIROOR VILLAGE, BAINDURU TALUK UDUPI DISTRICT - 576 228 9. SMT. SUNITHA AGED ABOUT 39 YEARS WIFE OF SRI NARAYANA NO. 11-10 DARUMANE, VIDYA NAGARA SHIROOR VILLAGE, BAINDURU TALUK UDUPI DISTRICT - 576 228 10. SMT. KANAKA AGED ABOUT 45 YEARS WIFE OF SRI NARAYANA ALIAS BABU NO. 9-154, MUDRAMAKKI MASTIKATTE ROAD SHIROOR VILLAGE, BAINDURU TALUK UDUPI DISTRICT - 576 228 - 3 - HC-KAR NC: 2025:KHC:18397 CRL.P No. 7330 of 2025 …PETITIONERS (BY SRI. RAGHUNATHA K.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY BAINDURU P S, UDUPI DISTRICT REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560001. 2. SRI KOWSHIK MESTHA AGED ABOUT 26 YEARS SON OF SRI PANDURANGA MESHTA NADUKOTE MANE SHIROOR VILLAGE, BAINDURU TALUK UDUPI DISTRICT - 576228 …RESPONDENTS (BY SRI. ANITHA GIRISH HCGP FOR R1) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO 1) TO QUASH ANNEXURE-A I.E., CHARGE SHEET IN C.C.NO.179/2025 IN CR.NO.142/2024 OF BINDURU P.S., FILED AGAINST THE PETITIONERS NO.1 TO 10 FOR AN OFFENCE P/US/ 143, 147, 447 R/W SEC. 149 OF IPC, PENDING ON THE FILE OF LEARNED CIVIL JUDGE AND JMFC, BAINDURU AND ETC. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioners are before this Court seeking for following reliefs: - 4 - HC-KAR NC: 2025:KHC:18397 CRL.P No. 7330 of 2025 a) To quash Annexure-A i.e., Charge Sheet in C.C.No.179/2025 in Crime No.142/2024 of Binduru P.S. filed against the Petitioners No. 1 to 10 for an offence punishable under section 143, 147, 447 read with section 149 of IPC pending on the file of learned Civil Judge & JMFC, Bainduru. b) To quash the proceedings against the petitioners No.1 to 10 who arrayed an accused No. 1 to 10 in C.C.No.179/2025 in Crime No.142/2024 of Binduru P.S. filed against the Petitioners No. 1 to 10 for an offence punishable under section 143, 147, 447 read with section 149 of IPC pending on the file of learned Civil Judges & JMFC, Bainduru. c) To pass any other relief/s as this Hon’ble Court may deem fit in the ends of justice and equity. 2. A charge sheet has been laid alleging that the Petitioners have encroached upon the land in Sy.No.72 abutting Sy.No.71/8 of subject property. 3. On enquiry with the learned counsel for the Petitioners as regards Petitioners have any right, title, interest or any document evidencing such right in Sy.No.72, he submits that there is no such document but the Petitioners and several others have put up their houses and are residing there. His submission is also that the complainant – - 5 - HC-KAR NC: 2025:KHC:18397 CRL.P No. 7330 of 2025 Respondent No.2 is putting up the construction in the land bearing Sy.No.72. 4. On enquiry as to whom the land in Sy.No.72 belongs to, both the learned counsel for the Petitioners and learned HCGP categorically submit that the said land is a Government land. If that be so, neither the Petitioners nor Respondent No.2 or anyone else without permission from the concerned government authority can occupy or use the land in Sy.No.72. 5. In that view of the matter, I do not find any merits in the above petition. The *Petition stands dismissed by placing on record the submission of the learned HCGP that necessary action would be taken against any person who is encroached upon the government land in Sy.No.72. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS, List No.: 5 Sl No.: 30 *Deleted vide Chamber Order dated 4.6.2025