- 1 - HC-KAR NC: 2025:KHC:41627 CRL.P No. 8726 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 8726 OF 2024 BETWEEN: SRI. HITHESH MUTHA S/O LATE SHANTILAL MUTHA, AGED ABOUT 48 YEARS, R/AT SHANTILAL MUTHA LAYOUT, SEEGEHALLI GATE , YASHAWANTHAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU-562 130. …PETITIONER (BY SRI. ABHIJITH M.M., ADVOCATE) AND: 1. STATE OF KARNATAKA THAVAREKERE POLICE STATION, MAGADI SUB DIVISION, RAMANAGARA DISTRICT, REP. BY HIGH COURT GOVERNMENT PLEADER, HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. RAGHU R. S/O LATE YALLAPPA, AGED ABOUT 41 YEARS, R/AT VARTHUR VILLAGE, NELAMANGALA ROAD, THAVAREKERE HOBLI, BENGALURU SOUTH TALUK-562 130. …RESPONDENTS Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:41627 CRL.P No. 8726 of 2024 (BY SRI. RAHUL RAI, HCGP FOR R1; R2 SERVED) THIS CRL.P IS FILED U/S.482 CR.P.C (U/S 528 BNSS) PRAYING TO CALL FOR THE ENTIRE RECORDS OF THE C.C.NO.20621/2021 SAME WAS PENDING ON THE FILE OF THE C.J.M. MAGSITGRATE COURT BENGALURU RURAL DISTRICT, AT BENGALURU AND FURTHER TO QUASH THE ENTIRE PROCEEDINGS OF THE C.C.NO.20621/2021 SUBMITTED BY TAVAREKERE POLICE STATION FOR OFFENCE PUNISHABLE UNDER SECTION 143, 323, 324, 504, 506 R/W 149 OF I.P.C., NOW PENDING ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE COURT, BENGALURU RURAL DISTRICT, BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is aggrieved by the registration of the case against him and consequent proceedings pending in CC No.20621/2021 on the file of the Court of the Chief Judicial Magistrate, Bangalore Rural District, Bangalore. 2. FIR is registered against two named accused and 15 to 20 others for the offence punishable under Section 143, 323, 324, 447, 504, 506 r/w 149 IPC, wherein the defacto complainant/respondent No.2 has alleged that on 10.4.2021 at about 3.30 p.m., the accused have come in different vehicles - 3 - HC-KAR NC: 2025:KHC:41627 CRL.P No. 8726 of 2024 and trespassed into his land and when questioned, they have assaulted him with club, hands and threatened him with dire consequences etc. 3. The contention of the learned counsel for petitioner is that the dispute is purely civil in nature and the petitioner being the owner of the property, there is no question of trespassing and committing any offence. It is further contended that a civil case is pending in O.S.No.701/2025 on the file of the Court of Principal Civil Judge (Jr.Dn), Bengaluru Rural District, Bengaluru and civil dispute is given a colour of criminal offence. 4. If the complaint averments are perused, it is evident that there are allegations against the petitioner that he was not only present at the spot but also assaulted CWs.1 and 2 and caused certain injuries to them. This Court cannot conduct a mini trial and delve deep into the case. The learned High Court Government Pleader has contended that CWs.1 and 2 have sustained injuries and they have taken treatment in the hospital. It is too premature to accept the contention of the - 4 - HC-KAR NC: 2025:KHC:41627 CRL.P No. 8726 of 2024 learned counsel that the ingredients of the offence are not attracted. 5. The petitioner is at liberty to seek discharge before the trial Court, if there are no sufficient materials collected against him while filing of the chargesheet. With the above observations, petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 50