- 1 - HC-KAR NC: 2025:KHC:33134 CRL.P No. 2354 of 2023 C/W CRL.P No. 2939 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 2354 OF 2023 (482(Cr.PC) / 528(BNSS)) C/W CRIMINAL PETITION NO. 2939 OF 2023 IN CRL.P No. 2354/2023 BETWEEN: SRI RAJENDRA PILLAI S/O SRI SOMAN PILLAI, AGED ABOUT 41 YEARS, R/AT NO. 1/10, MUNESHWARA LAYOUT, BOMMANAHALLI, BENGALURU, KARNATAKA -560 068. …PETITIONER (BY SRI.JEEVAN.K, ADVOCATE) AND: 1. STATE OF KARNATAKA BY THE BANDEPALYA P S ELECTRONIC CITY SUB DIVISION, BENGALURU CITY, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU, KARNATAKA -560 001. 2. SMT SRIDEVI W/O SRI K THYAGARAJU, AGED ABOUT 57 YEARS, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33134 CRL.P No. 2354 of 2023 C/W CRL.P No. 2939 of 2023 R/AT NO. 26/6, JANAPRIYA APARTMENTS, KODICHIKKANAHALLI, BENGALURU, KARNATAKA -560 076. …RESPONDENTS (BY SRI.G.KAMALADHAR, ADVOCATE FOR R2; SMT.N.ANITHA GIRISH, HCGP FOR R1) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE FIR IN CRIME NO. 0076/2021 REGISTERED BY THE RESPONDENT POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTION 416, 420, 465, 468, 445, 504, 506 AND 34 OF INDIAN PENAL CODE, 1860, (ANNEXURE-A) PENDING IN THE FILE OF VII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALURU AND ETC., IN CRL.P NO. 2939/2023 BETWEEN: SRI RAJENDRA PILLAI S/O SRI SOMAN PILLAI AGED ABOUT 41 YEARS R/AT RAJKUMAR FARM, HOSUR ROAD, 7TH MILE, BENGALURU-560068. PRESENTLY R/A NO.1/10, MUNESHWARA LAYOUT BOMMANAHALLI, BENGALURU KARNATAKA-560068 ...PETITIONER (BY SRI.JEEVAN.K, ADVOCATE) AND: 1. STATE OF KARNATAKA BY THE BANDEPALYA P S ELECTRONIC CITY SUB DIVISION BENGALURU CITY - 3 - HC-KAR NC: 2025:KHC:33134 CRL.P No. 2354 of 2023 C/W CRL.P No. 2939 of 2023 REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT COMPLEX, BENGALURU KARNATAKA-560001 2. SMT SRIDEVI W/O SRI K THYAGARAJU AGED ABOUT 57 YEARS R/A NO.26/6, JANAPRIYA APARTMENTS KODICHIKKANAHALLI, BENGALURU KARNATAKA-560076 ...RESPONDENTS (BY SMT.N.ANITHA GIRISH, HCGP FOR R1; SRI.G.KAMALADHAR, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO i) QUASH THE FIR IN CRIME NO.201/2021 REGISTERED BY BANDEPALYA POLICE BENGALURU CITY FOR THE OFFENCES PUNISHABLE UNDER SECTION 506, 34, 504, 379, 420, 448, 465, 354, 356, 319, 320 AND 416 OF INDIAN PENAL CODE, 1860, (ANNEXURE-A) PENDING ON THE FILE OF VII A.C.M.M, BENGALURU CITY AND ETC., THESE PETITIONS, COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI COMMON ORDER These petitions are filed under Section 482 of the Code of Criminal Procedure, to quash of criminal proceedings initiated against the petitioner. - 4 - HC-KAR NC: 2025:KHC:33134 CRL.P No. 2354 of 2023 C/W CRL.P No. 2939 of 2023 2. Petitioner is arraigned as accused No.1 in Cr.No.76/2021 of Bandepalya PS, for the offences punishable under Sections 416, 420, 465, 468 445, 504, 506 r/w Section 34 IPC, which came to be registered based on the reference made under Section 156(3) Cr.P.C in PCR.No.9731/2021 on the file of VII ACMM, Bengaluru. 3. Similarly, petitioner is arraigned as accused No.2 in Cr.No.201/2021 of Bandepalya PS, for the offences punishable under Sections 319, 320, 354, 356, 379, 416, 420, 448, 465, 506 r/w Section 34 IPC, which came to be registered based on the reference made under Section 156(3) Cr.P.C in PCR.No.19127/2021 on the file of VIII ACMM, Bengaluru. 4. In both complaints, complainant is common i.e., Smt.Sridevi. The allegations made in the complaint arise from common facts regarding alleged sale of immovable property, based on which two separate complaints came to be filed against the petitioner and others. These petitions - 5 - HC-KAR NC: 2025:KHC:33134 CRL.P No. 2354 of 2023 C/W CRL.P No. 2939 of 2023 involve common discussion. Hence, they are clubbed together and disposed of by a common order. 5. In support of the petitions, the petitioner has contended that land in Sy.No.45/1 of Hongasandra, Begur- 2 Hobli, Bengaluru, measuring 2 acres was purchased by one of the accused Ammini Nayar vide sale deed dated 23.09.1981. She executed a gift deed in favour of her son Sampath Nayar, who is also one of accused. She had executed a General Power of Attorney in favour of petitioner. The said Ammini Nayar filed O.S.No.5952/2005 against respondent No.2/complainant and her husband. Respondent No.2 filed written statement. These fact indicate that the dispute between the parties is civil in nature and the continuation of the criminal proceedings would amount to abuse of the process of the Court. 5.1 Petitioner has not committed the alleged offences. The proceedings are motivated, vindictive and vexatious. Even if the entire complaint averments are - 6 - HC-KAR NC: 2025:KHC:33134 CRL.P No. 2354 of 2023 C/W CRL.P No. 2939 of 2023 accepted as true, they would not attract the offences for which case is registered. Continuation of the proceedings would amount to abuse of the process of the Court. The concerned police are harassing the petitioner and hence, the petition. 6. On the other hand learned High Court Government Pleader for respondent No.1 for State and learned counsel representing respondent No.2 would submit that respondent No.2/complainant is the absolute owner of Sy.No.45/1 of Hongasandra, Begur-2 Hobli, Bengaluru, measuring 2 acres. She is in possession and enjoyment of the same since 30 years. It is converted for industrial purpose. Earlier it was belonging to one of the accused Smt. Ammini Nayar. She executed sale agreement in favour of the husband of complainant by name K.Thyagaraju and received entire sale consideration and put him in possession of the same in 1990. K.Thyagaraju construction sheds and rented them to tenants. Further, accused No.3 has also executed GPA - 7 - HC-KAR NC: 2025:KHC:33134 CRL.P No. 2354 of 2023 C/W CRL.P No. 2939 of 2023 dated 09.08.1996 in favour of K.Thyagaraju empowering him to deal with the property. In turn, K.Thyagaraju has sold the said land to complainant and Srinivas Raju, vide sale deed dated 08.08.2002. Complainant and her husband K.Thyagaraju have built many residential sheds and small scale industrial workshops. They have also availed electric supply through BESCOM. 6.1 On 03.05.2021, when K.Thyagaraju was building and repairing some sanitary and bathroom work for the tenants, the accused persons along with rowdies, goons and henchmen tried to trespass into the property by criminally intimidating K.Thyagaraju and his workers. Similar incident took place on 27.09.2021. Though respondent No.2/complainant tried to file complaint with the concerned police, they did not take any action. Even though she approached the Director Genera of Police, he also did not entertain the same. - 8 - HC-KAR NC: 2025:KHC:33134 CRL.P No. 2354 of 2023 C/W CRL.P No. 2939 of 2023 6.2 Therefore, without any alternative, she has filed PCR.Nos.9731/2021 and 19127/2021. They are referred to concerned police for investigation. The concerned police have registered case in Cr.Nos.76/2021 and 201/2021 and taken up investigation. Matter requires detailed investigation to ascertain the allegations made. Even though primarily the dispute relates to land in Sy.No.45/1 of Hongasandra, Begur-2 Hobli, Bengaluru, the incidents dated 03.05.2021 and 27.09.2021 attract criminal liability. Therefore, a detailed investigation and trial is warranted to unearth the truth and punish the accused persons including the petitioner. Therefore, it cannot be accepted that continuation of the proceedings would amount to abuse of the process of the Court and pray to dismiss the petition. 7. Heard arguments and perused the record. 8. From the material placed on record, it is evident the bone of contention between the parties is land in Sy.No.45/1 of Hongasandra, Begur-2 Hobli, Bengaluru, - 9 - HC-KAR NC: 2025:KHC:33134 CRL.P No. 2354 of 2023 C/W CRL.P No. 2939 of 2023 measuring 2 acres. Originally it belong to Smt. Amini Nayar who is one of the accused in both cases. Respondnet No.2 claimed that she has executed a sale agreement in favour of her husband K Tyagaraju and put him in possession. In turn he has sold the same in favouro of respondent No.2 and her son Shrinivasaraju. She has alleged that on the dates of incidents in question, the accused person including the petitioner interfered along with Gunda elements and gave intimidation etc., 9. It is pertinent to note that Ammini Nayar who is one of the accused filed O.S.no.5952/2005, against Shrinivaraju, respondent No.2 and others for declaration that the sale deed dated 08.08.2002 executed by K Tyagaraju as the power of attorney holder of plaintiff Ammini Nayar is null and void and not binding on her and consequential relief. In the said suit she has claimed that she has purchased the said property through registered sale deed dated 23.09.1981. When the said land was under danger of being vested with the Government K Tyagaraju - 10 - HC-KAR NC: 2025:KHC:33134 CRL.P No. 2354 of 2023 C/W CRL.P No. 2939 of 2023 took her signature some paper and blank bond and concocted the same into power of attorney and based on it has executed alleged sale deed. She has not received any consideration referred to in the said sale deed. After she came to know about it from the written statement filed in O.S.No.392/2003 filed by the son of Ammini Nayar and accordingly filed O.S.No.5952/2005 seeking various relief. 10. Thus from the above facts it is evident that there is dispute between the parties with regard to land in Sy.No.45/1 of Hongasandra, Begur-2 Hobli, Bengaluru, measuring 2 acres. While respondent No.2 claimed that she is in possession and enjoyment of the said land and there is interference by the accused persons, they dispute the same. 11. However, in the complaint it is specifically alleged that on 03.05.2021 and 27.09.2021 the accused persons including the petitioner tried to dispossess the respondent No.2/complainant and others acted in high handed manner - 11 - HC-KAR NC: 2025:KHC:33134 CRL.P No. 2354 of 2023 C/W CRL.P No. 2939 of 2023 and committed offences in question. She has made specific allegation that though they filed complaint with the jurisidictional police they failed to act upon it. Even the Director General of Police also did not instruct the concerned police to take action and therefore, she is forced to file the private complaints. The complaints are supported by affidavit sworn to respondent No.2 /complainant. Serious allegations are made with respect to trespass and others which require detailed investigation and trial. Though there is also civil dispute between the parties, the allegations also attract commission of the offences. Therefore, continuation of the proceeding cannot be termed as abuse of process of Court calling from interference by this Court in exercise of power under Section 482 Cr.P.C. in the result both petitions failed and accordingly, the following: ORDER (i) Both Petitions filed under Section 482 Cr.P.C, by petitioner who is arraigned as - 12 - HC-KAR NC: 2025:KHC:33134 CRL.P No. 2354 of 2023 C/W CRL.P No. 2939 of 2023 accused No.1 in Cr.No.76/2021 and accused No.2 in Cr.No.201/2021 of Bandepalya PS are rejected. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 32