- 1 - HC-KAR NC: 2025:KHC:30616 CRL.P No. 13211 of 2023 C/W CRL.P No. 13199 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 13211 OF 2023 (482(Cr.PC) / 528(BNSS)) C/W CRIMINAL PETITION NO. 13199 OF 2023 (482(Cr.PC) / 528(BNSS)) IN CRL.P No. 13211/2023 BETWEEN: 1. SMT HEMA RANI S J D/O JAGADISH REDDY, AGED ABOUT 24 YEARS. 2. HINDU LAKSHMI J S D/O JAGADISH REDDY, AGED ABOUT 21 YEARS., BOTH ARE R/AT NO. 22/2 AECS LAYOUT, NEAR KEEN WATER FACTORY, SINGASANDRA, BENGALURU 560 068. …PETITIONERS (BY SRI. MANJUNATH K V., ADV.) AND: 1. STATE OF KARNATAKA HEBBAGODI POLICE STATION, BANGALORE. BANGALORE 560 001. REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BLDG., B'LURU - 01. Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30616 CRL.P No. 13211 of 2023 C/W CRL.P No. 13199 of 2023 2. SRI B D VINAY S/O B M DEVANANDA, AGED ABOUT 45 YEARS, R/AT NO. 415, 7TH B MAIN, 33RD CROSS, 4TH BLOCK, JAYANAGAR, BENGALURU 560 011. …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1, SRI. B.R. DEEPAK, ADV. FOR R2.) THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE FIR IN CR.NO.677/2023 DATED 21.11.2023 REGISTERED BY THE HEBBAGODI POLICE STATION, FOR OFFENCE P/U/S 427 AND 447 OF IPC, ON THE FILE OF THE 2ND ADDITIONAL CIVIL JUDGE (JR.DN.) AND JMFC AT ANEKAL, BENGALURU RURAL DISTRICT. IN CRL.P NO. 13199/2023 BETWEEN: 1. SRI SUBRAMANI S/O VENKATARAMANAPPA AGED ABOUT 45 YEARS R/AT NO 422/5 DODDATHOGURU VILLAGE ANEKAL TALUK, BENGALURU URBAN DISTRICT - 560 100 2. SRI G NAGARARJU S/O CHINNA VENKATARAMAPPA AGED ABOUT 41 YEARS R.AT NO 4/73, KAMMALAVANADLAPALLI VILLAGE GORANTLA, ANANTHAPUR DISTRICT, ANDRA PRADESH - 515 231 - 3 - HC-KAR NC: 2025:KHC:30616 CRL.P No. 13211 of 2023 C/W CRL.P No. 13199 of 2023 3. SRI G RAVINDRA RAO S/O CHANDRA RAO AGED ABOUT 51 YEARS R/AT FLAT NO 302, SAI RANGA ENCLAVE BACKSIDE OLD POLICE STATION MIYAPUR HYDERABAD, A.P - 500 049 ...PETITIONERS (BY SRI. MANJUNATH K V., ADV.) AND: 1. STATE OF KARNATAKA HEBBAGODI POLICE STATION BANGALORE - BANGALORE - 560001 REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560001. 2. SRI B D VINAY S/O B M DEVANANDA AGED ABOUT 45 YEARS R/AT NO 415, 7TH B MAIN 33RD CROSS, 4TH BLOCK JAYANAGAR, BENGALURU - 560 011 ...RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1, SRI. B.R. DEEPAK, ADV. FOR R2.) THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE FIR IN CR.NO.677/2023 REGISTERED BY THE HEBBAGODI POLICE STATION, FOR OFFENCE P/U/S 427 AND 447 OF IPC, ON THE FILE OF THE 2ND ADDITIONAL CIVIL JUDGE (JR.DN.) AND JMFC AT ANEKAL, BENGALURU RURAL DISTRICT. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:30616 CRL.P No. 13211 of 2023 C/W CRL.P No. 13199 of 2023 CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER Petitioners in Crl.P.No.13211/2023 are arraigned as accused No.s.1 and 2. Similarly, petitioners in Crl.P.No.13199/2023 arraigned as accused Nos.5 to 7. They have filed this petition under Section 482 Cr.P.C, with a prayer to quash the FIR in Cr.No.677/2023 of Hebbagodi PS, Anekal Taluk on the file of II Addl. Civil Judge (Jr.Dn.) and JMFC., Anekal, Bengaluru Rural District, Bengaluru, for the offences punishable under Sections 427 and 447 of IPC. 2. For the sake of convenience, the parties are referred to by their ranks before the trial Court. 3. In support of the petition, the accused have contended that the registering of case in Cr.No.677/2023 is erroneous and unsustainable and would amount to abuse of the process of law. Respondent No.2 is the owner of Site No.825, whereas the accused are the owners of Site No.8. - 5 - HC-KAR NC: 2025:KHC:30616 CRL.P No. 13211 of 2023 C/W CRL.P No. 13199 of 2023 Both sites are different and their boundaries do not match. Respondent No.2 is a land grabber. In order to illegally claim Site No.8, he has filed a false complaint. Respondent No.1 police without verifying the basic documents have registered the case. Accused are bonafide purchasers. In order to put up construction, they have secured requisite permission from the concerned authorities and started construction. Respondent No.2 who is a complete stranger to the said property have filed the complaint. Under the guise of Site No.8, respondent No.2 is claiming Site No.825 belonging to petitioners. In fact respondent No.2 has filed O.S.No.287/2023 in respect of Site No.825 for declaration and possession. Such being the case, to harass the accused, he has filed the complaint and hence, the petition. 4. In support of his arguments, learned counsel for accused has relied upon the following decisions: (i) Mithesh Kumar J Sha Vs. State of Karnataka and Ors. (Mithesh Kumar)1 1 AIR 2021 SC 5298 - 6 - HC-KAR NC: 2025:KHC:30616 CRL.P No. 13211 of 2023 C/W CRL.P No. 13199 of 2023 (ii) Jit Vinayak Arolkar Vs. State of Goa and Ors. (Jit Vinayak Arolkar)2 5. On the other hand learned High Court Government Pleader representing respondent No.1 State and learned counsel representing respondent No.2 would submit that respondent No.2 is the owner of Site No.825 coming under the jurisdiction of Maragondanahalli, Jigani Hobli, Hulimangal Panchayath. The Khatha is standing in his name. However, on 21.11.2023, at 11.00 a.m, the accused Nos.1 and 2 with the help of JCB and tractor demolished the compound. He was told that it is done at the instance of accused Nos.3 to 7 and they are cleaning the site. By demolishing the compound loss of Rs.1,15,000/- is caused. Even though civil suit is pending, accused persons have committed the offences. Based on the said complaint, the concerned police have registered case in Cr.No.677/2023 and taken up investigation. There 2 Crl.A.No.393/2024 Dt:06.01.2025 - 7 - HC-KAR NC: 2025:KHC:30616 CRL.P No. 13211 of 2023 C/W CRL.P No. 13199 of 2023 is prima facie material to proceed against the accused and pray to dismiss the petition. 6. In support of his arguments, learned counsel for respondent No.2 has relied upon the following decisions: (i) Iqbal Singh Marwah and Anr. Vs. Meenakshi Marwah and Anr. (Iqbal Singh Marwah)3 (ii) Kaptan Singh Vs. State of Uttar Pradesh and Ors. (Kaptan Singh)4 7. Heard arguments and perused the record. 8. At the outset, it is relevant to note that complainant is claiming to be the owner of Site No.825, bearing Khatha No.2385/151/825 situated at Maragondanahalli, Jigani Hobli, coming under the jurisdiction of Hulimangal Panchayath. However, it is not disclosed in which survey number, the said site is formed. On the other hand, according to the petitioners, they are the owners of Site No.8 situated in Neeladri Layout, 3 (2005) 4 SCC 370 4 AIR 2021 SC 3931 - 8 - HC-KAR NC: 2025:KHC:30616 CRL.P No. 13211 of 2023 C/W CRL.P No. 13199 of 2023 formed in Sy.No.87/3 vide conversion order ALN(Jigani)SR/15/17-18 dated 03.10.2017 situated at Maragondanahalli, coming under the jurisdiction of Hulimangal Panchayath measuring 60x 40 Ft. It is not clear whether the site referred to by complainant and petitioners are situated in the same layout. 9. However, it is relevant to note that in respect of Site No.825, respondent No.2 has filed O.S.No.287/2023 on the file of Civil Judge and JMFC, Anekal, Bengaluru Rural District on 24.02.2023 against the State Government and other Government officials as well as accused Nos.4 and 3 as defendant Nos.7 and 8 for declaration that he is the owner of the said property described as 'A' schedule and consequential relief of mandatory injunction to demolish the illegal compound constructed over 'B Schedule property which is part of 'A' schedule. This suit was filed on 24.02.2023, whereas the complaint is filed on 21.11.2023, i.e., subsequent to the filing of the said suit. In the plaint, respondent No.2 has alleged that accused - 9 - HC-KAR NC: 2025:KHC:30616 CRL.P No. 13211 of 2023 C/W CRL.P No. 13199 of 2023 No.4 has encroached upon 'B' schedule property and put up compound wall. In the complaint, he is alleging that the accused have demolished the compound constructed by him. 10. Perusal of the complaint averments and material placed on record clearly disclose that the dispute between the parties is civil in nature. It requires to be adjudicated by the Civil Court. Therefore, the continuation of criminal proceedings against the petitioner would amount to abuse of the process of the Court and the petition is liable to be quashed and accordingly the following: ORDER (i) Petition filed by the accused under Section 482 Cr.P.C is hereby allowed. (ii) The criminal proceedings in Cr.No.677/2023 of Hebbagodi PS, Anekal Taluk on the file of II Addl. Civil Judge - 10 - HC-KAR NC: 2025:KHC:30616 CRL.P No. 13211 of 2023 C/W CRL.P No. 13199 of 2023 (Jr.Dn.) and JMFC., Anekal, Bengaluru Rural District, Bengaluru, for the offences punishable under Sections 427 and 447 of IPC is hereby quashed. Sd/- (J.M.KHAZI) JUDGE RR CT-HR List No.: 1 Sl No.: 56