- 1 - HC-KAR NC: 2025:KHC:26109 CRL.P No. 11555 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 11555 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI. CHITTI BABU NAIDU S/O SRI VARADARAJULU NAIDU AGED ABOUT 55 YEARS, R/AT NO.281/1, 2ND A MAIN ROAD, GIRINAGARA, BANASHANKARI 3RD STAGE BENGALURU-560085 2. SRI ANAND NAIDU S/O SRI V CHANGALARAYA NAIDU AGED ABOUT 61 YEARS, R/AT NO.119, 8TH CROSS, 30TH MAIN, BANASHANKARI 2ND STAGE BENGALURU-560070 3. SRI NAGENDRA PRASAD S/O SRI ANANTHA RAMACHAR AGED ABOUT 60 YEARS, R/AT NO.189/C, CKS ROAD NEAR BHANU THEATRE, HASSAN, HASSAN DISTRICT-573201 4. SRI RAMESH.M.L S/O SRI M LOKANATH AGED ABOUT 60 YEARS, R/AT NO.92, 3RD MAIN, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26109 CRL.P No. 11555 of 2023 3RD CROSS, SAPTHAGIRINAGAR HOSAKEREHALLI, BANASHANKARI 3RD STAGE BENGALURU-560085 5. SRI PUNITH B.S S/O SRI SRINIVAS AGED ABOUT 35 YEARS, R/AT NO.162, 2ND CROSS, HRUSHIKESHNAGARA, HOSAKEREHALLI BANASHANKARI 3RD STAGE BENGALURU-560085 6. SRI VENUGOPAL S/O SRI K V JAYACHANDRA AGED ABOUT 46 YEARS, R/AT NO.285, 8TH MAIN, SAPTHAGIRINAGAR HOSAKEREHALLI, BANASHANKARI 3RD STAGE BENGALURU-560085 7. SRI VIJAYA KRISHNA S/O SRI MOHAN M K AGED ABOUT 43 YEARS, R/AT NO.76, 1ST B CROSS AGS LAYOUT, BANASHANKARI 3RD STAGE BENGALURU-560085 8. SRI SHREEKANTH KATTI S/O SRI KRISHNA KATTI AGED ABOUT 38 YEARS, R/AT NO.9, SRI SAI BRUNDAVANA 6TH CROSS, BALAJINAGARA, BANASHANKARI 3RD STAGE BENGALURU-560085 - 3 - HC-KAR NC: 2025:KHC:26109 CRL.P No. 11555 of 2023 9. SMT ANJANA SHREEKANTH KATTI W/O SRI SHREEKANTH KATTI AGED ABOUT 34 YEARS R/AT NO.9, SRI SAI BRUNDAVANA 6TH CROSS, BALAJINAGARA, BANASHANKARI 3RD STAGE BENGALURU-560085 10. SRI CHANDRASHEKAR BHATTA H.M S/O SRI MAHABALAIAH AGED ABOUT 72 YEARS, R/AT NO.309, 8TH MAIN, SAPTHAGIRI LAYOUT, HOSAKEREHALLI, BANASHANKARI 3RD STAGE BENGALURU-560085 11. SMT JAYALAKSHMI.K.V W/O SRI CHANDRASHEKAR BHATTA AGED ABOUT 67 YEARS R/AT NO.309, 8TH MAIN, SAPTHAGIRI LAYOUT, HOSAKEREHALLI BANASHANKARI 3RD STAGE BENGALURU-560085 12. SRI INDU SHEKAR ANANDA RAO S/O SRI ANANDA RAO AGED ABOUT 68 YEARS, R/AT NO.83, 5TH CROSS, SBM COLONY, BANASHANKARI 1ST STAGE BENGALURU-560050 13. SRI MURALI MOHAN.K S/O SRI INDU SHEKAR AGED ABOUT 53 YEARS R/AT NO.284, 6TH CROSS - 4 - HC-KAR NC: 2025:KHC:26109 CRL.P No. 11555 of 2023 SAPTHAGIRINAGAR, HOSAKEREHALLI BANASHANKARI 3RD STAGE BENGALURU-560085 14. SMT ANUPAMA MUNIRAJU W/O SRI KIRANKUMAR AGED ABOUT 38 YEARS, R/AT NO.255, 7TH MAIN, SAPTHAGIRINAGAR, HOSAKEREHALLI, BANASHANKARI 3RD STAGE BENGALURU-560085 15. SRI JAGADISH K.M S/O SRI MUNIYAPPA AGED ABOUT 50 YEARS, R/AT NO.282, 7TH MAIN, SAPTHAGIRINAGAR, HOSAKEREHALLI, BANASHANKARI 3RD STAGE BENGALURU-560085 16. SMT ANURADHA DAMBAL W/O SRI RAVINDRA DAMBAL AGED ABOUT 75 YEARS, R/AT NO.211, 3RD CROSS, SAPTHAGIRINAGAR, HOSAKEREHALLI BANASHANKARI 3RD STAGE BENGALURU-560085 17. SRI RAVINDRA NARASIMHA DAMBAL S/O SRI NARASIMHA DAMBAL AGED ABOUT 79 YEARS, R/AT NO.211, 3RD CROSS, SAPTHAGIRINAGAR, HOSAKEREHALLI BANASHANKARI 3RD STAGE BENGALURU-560085 - 5 - HC-KAR NC: 2025:KHC:26109 CRL.P No. 11555 of 2023 18. SRI BALACHANDRA BHAT S/O SRI VITTAL BHAT AGED ABOUT 60 YEARS, R/AT NO.246, 6TH MAIN ROAD SAPTHAGIRINAGAR, HOSAKEREHALLI BANASHANKARI 3RD STAGE BENGALURU-560085 19. SMT PADMALATHA BHAT W/O SRI BALACHANDRA BHAT AGED ABOUT 51 YEARS R/AT NO.246, 6TH MAIN ROAD SAPTHAGIRINAGAR, HOSAKEREHALLI BANASHANKARI 3RD STAGE BENGALURU-560085 20. SRI ESHWAR.D S/O SRI DODDAKRISHNEGOWDA AGED ABOUT 65 YEARS R/AT NO.218, 1ST CROSS 6TH MAIN ROAD SAPTHAGIRINAGAR, HOSAKEREHALLI BANASHANKARI 3RD STAGE BENGALURU-560085 21. SRI SHASHI BHUSHANA E S/O SRI ESHWAR AGED ABOUT 31 YEARS R/AT NO.218, 1ST CROSS, 6TH MAIN ROAD SAPTHAGIRINAGAR, HOSAKEREHALLI BANASHANKARI 3RD STAGE BENGALURU-560085 22. SMT MANJULA K W/O SRI VENKATESH AGED ABOUT 62 YEARS - 6 - HC-KAR NC: 2025:KHC:26109 CRL.P No. 11555 of 2023 R/AT NO.220, 6TH MAIN SAPTHAGIRINAGAR, HOSAKEREHALLI BANASHANKARI 3RD STAGE BENGALURU-560085 23. SRI VENKATESH BHAT.T.R S/O SRI RAGHAVENDRA BHAT AGED ABOUT 47 YEARS R/AT NO.905, 3RD CROSS, GAVIPURAM EXTENSION BENGALURU-560019 24. SMT ANURADHA CHICKNAHALLI PRABHAKAR, W/O SRI PRADEEP KUMAR AGED ABOUT 42 YEARS R/AT NO.171, 5TH MAIN ROAD SAPTHAGIRINAGAR, HOSAKEREHALLI BANASHANKARI 3RD STAGE BENGALURU-560085 25. SRI PRADEEP KUMAR NANJUNDASWAMY S/O SRI NANJUNDASWAMY AGED ABOUT 48 YEARS, R/AT NO.171, 5TH MAIN ROAD SAPTHAGIRINAGAR, HOSAKEREHALLI BANASHANKARI 3RD STAGE BENGALURU-560085 26. SMT JAYANTHI B.A WRITTEN IN THE FIR AS JYOTHI KUSHALAPPA W/O SRI KUSHALAPPA AGED ABOUT 46 YEARS, R/AT NO.170, 5TH MAIN ROAD, SAPTHAGIRINAGAR, HOSAKEREHALLI BANASHANKARI 3RD STAGE - 7 - HC-KAR NC: 2025:KHC:26109 CRL.P No. 11555 of 2023 BENGALURU-560085 27. MS VARSHITHA.M.K D/O SRI KUSHALAPPA AGED ABOUT 25 YEARS, R/AT NO.170, 5TH MAIN ROAD SAPTHAGIRINAGAR, HOSAKEREHALLI BANASHANKARI 3RD STAGE BENGALURU-560085 28. SRI SANTOSH N S/O SRI NAGABHUSHANA RAO AGED ABOUT 41 YEARS, R/AT NO.249, 1ST CROSS, NEAR ANJANEYA BHAVAN, HOSAKEREHALLI BANASHANKARI 3RD STAGE BENGALURU-560085 29. SMT LALITHA H.S. WRITTEN IN THE FIR AS LALITHA W/O SRI SANTOSH N AGED ABOUT 38 YEARS, R/AT NO.249, 1ST CROSS, NEAR ANJANEYA BHAVAN, HOSAKEREHALLI BANASHANKARI 3RD STAGE BENGALURU-560085 30. SRI SOMALINGAIAH.D.C WRITTEN IN THE FIR AS SOMU S/O SRI CHANNAIAH AGED ABOUT 48 YEARS, R/AT NO.163, 1ST CROSS, 5TH MAIN ROAD, SAPTHAGIRINAGAR, HOSAKEREHALLI BANASHANKARI 3RD STAGE BENGALURU-560085 - 8 - HC-KAR NC: 2025:KHC:26109 CRL.P No. 11555 of 2023 31. SMT DEEPA W/O SRI S NAGARAJ AGED ABOUT 41 YEARS, R/AT NO.112, 4TH MAIN, SAPTHAGIRINAGAR, HOSAKEREHALLI BANASHANKARI 3RD STAGE BENGALURU-560085 32. SRI NAGARAJ SRIPATHI RAO S/O SRI SRIPATHI RAO AGED ABOUT 46 YEARS, R/AT NO.112, 4TH MAIN, SAPTHAGIRINAGAR, HOSAKEREHALLI BANASHANKARI 3RD STAGE BENGALURU-560085 33. SRI MURULI S/O SRI KRISHNAMURTHY AGED ABOUT 65 YEARS, R/AT NO.94, 3RD MAIN, 3RD CROSS SAPTHAGIRINAGAR, HOSAKEREHALLI BANASHANKARI 3RD STAGE BENGALURU-560085 34. SRI BALAJI RAO PASHI S/O SRI R M PARSHI AGED ABOUT 51 YEARS, R/AT NO.301, 3RD FLOOR, 2ND MAIN ROAD, SAPTHAGIRI LAYOUT, HOSAKEREHALLI BANASHANKARI 3RD STAGE BENGALURU-560085 35. SMT.HOSURE BHAVANI WRITTEN IN THE FIR AS BHAVANI HIRENATH W/O SRI HARANATH RAO - 9 - HC-KAR NC: 2025:KHC:26109 CRL.P No. 11555 of 2023 AGED ABOUT 55 YEARS R/AT NO.301, 2ND FLOOR, 2ND MAIN ROAD, SAPTHAGIRI LAYOUT, HOSAKEREHALLI BANASHANKARI 3RD STAGE BENGALURU-560085 36. SRI PALLE SREEKANTH S/O SRI BADRINATH P AGED ABOUT 55 YEARS, R/AT NO.202, 2ND MAIN ROAD, SAPTHAGIRI LAYOUT, HOSAKEREHALLI BANASHANKARI 3RD STAGE BENGALURU-560085 37. SMT R.M.RADHIKA PARSHI W/O SRI VENKATRAMANA AGED ABOUT 47 YEARS, R/AT NO.301, 2ND MAIN ROAD, SAPTHAGIRI LAYOUT, HOSAKEREHALLI BANASHANKARI 3RD STAGE BENGALURU-560085 38. SRI NARESH KUMAR H S/O SRI HEERACHAND AGED ABOUT 51 YEARS, R/AT NO.53, KHADI COMMISSION HBCS LAYOUT, VIVEKANANDANAGAR BANASHANKARI 3RD STAGE BENGALURU-560085 …PETITIONERS (BY SRI.PRAMOD NAIR, SR.ADVOCATE FOR SRI.ANAND MUTTALLI, ADVOCATE FOR P5 TO P19, P22 TO P30 AND P33 TO P37; SRI.UMESHA.K, ADVOCATE AND SRI.GIRISH.S.HEGDE, ADVOCATE FOR P1 TO 4, P20, P21, P31, P32 AND P38) - 10 - HC-KAR NC: 2025:KHC:26109 CRL.P No. 11555 of 2023 AND: 1. STATE OF KARNATAKA REPRESENTED BY GIRINAGAR POLICE STATION, STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, DR AMBEDKAR ROAD BENGALURU-560001 2. SRI SIDDARAJU S/O LATE MARIYAPPA @ THANGAPPA AGED ABOUT 40 YEARS, NO.97, 3RD CROSS, SAPTHAGIRINAGAR, HOSAKEREHALLI, BANASHANKARI 3RD STAGE BENGALURU-560085 …RESPONDENTS (BY SRI.VENKAT SATYANARAYAN, HCGP FOR R1; SRI.H.V.RAMACHANDRA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE FIR AND THE ENTIRE PROCEEDINGS IN CR.NO.502/2023 OF THE RESPONDENT GIRINAGAR POLICE STATION, NOW PENDING ON THE FILE OF LXX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-71), BENGALURU AGAINST THE PETITIONERS FOR THE ALLEGED OFFENCES P/U/S 420, 447, 506, 149 OF IPC AND SECTION 3(1)(f), 3(1)(g), 3(1)(r), 3(1)(s) OF SC/ST (POA) ACT, 1989 AS THE SAME IS ABUSE OF THE PROCESS OF LAW AND AGAINST THE LAW LAID DOWN BY THIS HONOURABLE COURT. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI - 11 - HC-KAR NC: 2025:KHC:26109 CRL.P No. 11555 of 2023 ORAL ORDER Petitioners who are arraigned as accused Nos.1 to 3, 6, 7, 13, 15 to 21, 25, 27 to 31, 33 to 45, 47 to 51 and 55 have filed this petition under Section 482 Cr.P.C, with a prayer to quash the criminal proceedings in Cr.No.502/2023 of Girinagar PS, for the offences punishable under Sections 420, 447, 506, 149 IPC and Sections 3(1)(f), 3(1)(g), 3(1)(r) and 3(1)(s) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 ('SC/ST (POA) Act' for short). 2. In support of the petition, the petitioners have contended that the first information report registered by respondent No.1 police on the complaint of respondent No.2 is not maintainable. Respondent No.2 has adopted tactic of filing false and motivated police complaints to further his ulterior and arbitrary motive. Respondent No.2 has done so, as he suffered defeat in the Courts in other cases filed by him against the petitioners. Petitioners were - 12 - HC-KAR NC: 2025:KHC:26109 CRL.P No. 11555 of 2023 never involved in any of the offences. In fact none of the petitioners have ever seen respondent No.2 and a few of them are residing abroad at the time when the alleged incident took place. Out of vengeance, false complaint is filed misusing the provisions of SC/ST (POA) Act. 2.1 Petitioner Nos.1 and 2 purchased lands over two decades ago by paying agreed consideration. The claim of respondent No.2 over the lands is based on grant made by the Government in the year 1960. The said land was sold by his grandfather decades ago. Petitioners are purchasers of individual plots in the layout formed and have been residing peacefully in their respective residential edifices after duly effecting their revenue entries in their names upon the plots. It is called Sapthagiri Layout which was formed during 2003. Petitioners and other residents are enjoying the amenities and facilities provided. They have also formed an association. - 13 - HC-KAR NC: 2025:KHC:26109 CRL.P No. 11555 of 2023 2.2 Few of the petitioners are minors and few of them have died long before complaint was registered. The respondent No.1 police without making preliminary investigation have registered the case pursuit of respondent No.2 to enrich himself began by filing case against petitioner No.2 before Assistant Commissioner, Bengaluru South Sub-division in K.SC.ST(S)8/2009-10. Upon adjudication of the case, order was passed on 30.01.2012, in favour of respondent No.2 holding that the sale deeds dated 04.01.1999 and 09.06.2003 are null and void. Against the said order, petitioner No.2 filed appeal before the Deputy Commissioner in SC.ST(A)208/2011-12. It was allowed and the order of Assistant Commissioner was set aside, on the ground of delay. 2.3 Respondent No.2 challenged the same in W.P.No.45562/2012 (SC/ST). It was dismissed on 21.06.2021. Against it, respondent No.2 filed W.A.No.1338/2021 (SC/ST). It was dismissed on - 14 - HC-KAR NC: 2025:KHC:26109 CRL.P No. 11555 of 2023 28.09.2022. Having failed in all his pursuits, respondent No.2 has filed the complaint on 21.10.2023. This is a classic case of a civil dispute being given cloak of criminal offence. It is nothing but abuse of the process of the Court. Since the petitioners are owners of respective sites, there cannot be allegations of cheating, trespass and criminal intimidation. Only to extract money, false complaint is filed and hence, the petition. 3. On the other hand learned High Court Government Pleader representing the respondents would submit that land in Sy.No.7 of Hosakerehalli, Bengaluru South Taluk, Uttarahalli Hobli, Bengaluru measuring 9 acres, 20 guntas was purchased by Doddasiddaiah, the grandfather of complainant. The Government granted the same vide order dated 30.10.1960. Similarly, 1 acre 18 guntas was granted in favour of his son Nijagallappa @ Chikkamariyappa. The complainant and his family members are in possession and enjoyment of both lands totally - 15 - HC-KAR NC: 2025:KHC:26109 CRL.P No. 11555 of 2023 measuring 10 acres 38 guntas. They are rearing cattle in the said land. 3.1 However, on 19.06.2003 and 18.11.2004, 2 acres and 1 acre land was purchased by Anand Naidu and Chittibabu Naidu respectively. However, permission was taken only in respect of 2 acres. In collusion with Nagendra Prasad, Sharath, brokers and BBMP officials, they occupied entire 10 acres 38 guntas by putting respondent No.2 and his family members to threat. Even though they resisted purchasers of the site to put up construction, they were abused by all the accused persons and hence, the complaint. 3.2 Based on the complaint, the concerned police have registered the case and have taken investigation. At this stage the petitioners have filed this petition and secured stay. Matter requires investigation and pray to dismiss the petition. - 16 - HC-KAR NC: 2025:KHC:26109 CRL.P No. 11555 of 2023 4. Heard arguments and perused the record. 5. Thus, respondent No.2 is claiming right over land in Sy.No.7 measuring 9 acres 20 guntas through grant in favour of his grandfather Doddasiddaiah and 1 acre 18 guntas through purchase by his father Nijagallappa @ Chikkamariyappa. He has alleged that out of these, 2 sales were made on 19.06.2003 measuring 2 acres in favour of Ananda Naidu and on 18.11.2004, measuring 1 acre in favour of Chittibabu Naidu. However, the permission of the Government was secured only in respect of 2 acres sold in favour of Ananda Naidu. But, they have illegally occupied the entire extent of 10 acres 38 guntas and after forming layout, sites have been sold to various persons. Alleging that despite resistance by him, the purchasers have constructed houses, respondent No.2 has filed the complaint that he and others were abused referring to their caste, etc. - 17 - HC-KAR NC: 2025:KHC:26109 CRL.P No. 11555 of 2023 6. However, the documents produced by the parties clearly indicate that the sales were challenged by respondent No.2 before the Assistant Commissioner in 2009-2010 in K.SC.ST(S)8/2009-10. The Assistant Commissioner passed order dated 30.01.2012, in favour of the respondent No.2 declaring the sale deeds dated 04.01.1999 and 09.06.2003 as null and void. However, the Deputy Commissioner before whom appeal in SC.ST(A)2008/2011-12 was filed allowed it and the order of the Assistant Commissioner came to set aside. Respondent No.2 has lost in W.P.No.45562/2012 (SC/ST) and W.A.No.1338/2021 (SC/ST). Thus, his contention that respondent No.2 and his family members are in possession and enjoyment of the said property was negatived by this Court. Admittedly, these orders are not challenged by respondent No.2. Such being the case, the act of respondent No.2 filing criminal complaints against the petitioners is nothing but a futile attempt to trouble them. - 18 - HC-KAR NC: 2025:KHC:26109 CRL.P No. 11555 of 2023 7. As rightly submitted by learned Senior counsel for petitioners, complaint is filed as against 55 persons. There are no specific averments as to acts committed by each of them. As per the memo dated 04.04.2025, accused No.12 Sadashiva died on 08.02.2022, accused No.22 Venugopal H.V died on 24.06.2022, accused No.36 Venkatesh died during 1998. Accused No.14 Nishu Vibhish was born on 30.04.2010 and he was minor when the complaint was filed. These documents clearly indicate that respondent No.2 has filed a false complaint only to harass the petitioners and make unlawful enrichment if possible. The concerned police have also without making any preliminary have blindly registered the case. In the light of the same, this Court is of the considered opinion that continuation of the proceedings would amount to abuse of the process of the Court and as such liable to be quashed and accordingly, the following: - 19 - HC-KAR NC: 2025:KHC:26109 CRL.P No. 11555 of 2023 ORDER (i) Petition filed by petitioner/accused Nos.1 to 3, 6, 7, 13, 15 to 21, 25, 27 to 31, 33 to 45, 47 to 51 and 55 under Section 482 Cr.P.C, is hereby allowed. (ii) The criminal proceedings in Cr.No.502/2023 of Girinagar PS, on the file of LXX Addl.City Civil and Sessions Judge (CCH-71), Bengaluru, for the offences punishable under Sections 420, 447, 506, 149 IPC and Sections 3(1)(f), 3(1)(g), 3(1)(r) and 3(1)(s) of SC/ST (POA) Act, is hereby quashed so far as petitioner/accused Nos.1 to 3, 6, 7, 13, 15 to 21, 25, 27 to 31, 33 to 45, 47 to 51 and 55 are concerned. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 29