- 1 - HC-KAR NC: 2025:KHC:28993 CRL.P No. 10569 of 2022 C/W CRL.P No. 8951 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 10569 OF 2022 (482(Cr.PC) / 528(BNSS)) C/W CRIMINAL PETITION NO. 8951 OF 2022 IN CRL.P No. 10569/2022 BETWEEN: SRI KESHAVA REDDY S/O LATE K M KRISHNA REDDY AGED ABOUT 46 YEARS, R/AT NO 70, NEAR BUS STAND KACHANAYAKANAHALLI ANEKAL TALUK BANGALORE-560105 …PETITIONER (BY SRI. SRINIVAS C H, ADVOCATE) AND: 1. THE STATE BY KARNATAKA POLICE BY ELECTRONIC CITY POLICE STATION BENGALURU, REP BY SPP HIGH COURT OF KARNATAKA BANGALORE-560001 2. SRI VENKATACHALAM AGED ABOUT 70 YEARS, S/O KUPPAN R/AT SY NO 69/1, NEW SY NO 154 DODDA THOGURU GRAMA Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28993 CRL.P No. 10569 of 2022 C/W CRL.P No. 8951 of 2022 NEAR WIPRO GATE, ELECTRONIC CITY 1ST STAGE, BANGALORE-560100 …RESPONDENTS (BY SRI.VENKAT SATYANARAYAN.A, HCGP FOR R1; SRI.BHARGAVA.D.BHAT, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN SPL.C.NO.794/2021 WHICH HAS BEEN REGISTERED ON THE BASIS OF THE CHARGE SHEET FILED BY THE 1ST RESPONDENT POLICE i.e ELECTRONIC CITY P.S, BENGALURU AGAINST THE PETITIONER, WHO HAVE BEEN ARRAYED AS ACCUSED NO.4, FOR THE OFFENCES P/U/S 504,506 R/W 34 OF IPC AND SEC.3(2)(va) OF THE SC/ST (POA) ACT, 1989 WHICH IS PENDING BEFORE THE 2ND ADDL.DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU. IN CRL.P NO. 8951/2022 BETWEEN: SRI RAMESH R K S/O LATE K M KRISHNA REDDY AGED ABOUT 50 YEARS, R/AT NO.70, NEAR BUS STAND KACHANAYAKANAHALLI, ANEKAL TALUK BANGALORE -560 105 ...PETITIONER (BY SRI. SRINIVAS C H, ADVOCATE) AND: 1. THE STATE BY KARNATAKA POLICE BY ELECTRONIC CITY POLICE STATION BENGALURU, REP BY SPP - 3 - HC-KAR NC: 2025:KHC:28993 CRL.P No. 10569 of 2022 C/W CRL.P No. 8951 of 2022 HIGH COURT OF KARNATAKA BANGALORE -560001 2. SRI VENKATACHALAM AGED ABOUT 70 YEARS S/O KUPPAN SY.NO 69/1 AND NEW NO. 154, R/AT DODDA THOGURU GRAMA NEAR WIPRO GATE ELECTRONIC CITY 1ST STAGE BANGALORE -560 100 ...RESPONDENTS (BY SRI.VENKAT SATYANARAYAN.A, HCGP FOR R1; SRI.BHARGAVAN.D.BHAT, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN SPL.C.794/2021 WHICH HAS BEEN REGISTERED ON THE BASIS OF THE CHARGE SHEET FILED BY THE 1st RESPONDENT POLICE i.e ELECTRONIC CITY P.S., BANGALORE AGAINST THE PETITIONER, WHO HAS BEEN ARRAYED AS ACCUSED NO.1 FOR THE OFFENCE P/U/S 504,506 R/W 34 OF IPC AND SEC.3(2)(va) OF SC/ST (POA) ACT, 1989 WHICH IS PENDING BEFORE THE II ADDL. DISTRICT AND SESSIONS COURT, BANGALORE RURAL DISTRICT, BANGALORE. THESE PETITIONS, COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI - 4 - HC-KAR NC: 2025:KHC:28993 CRL.P No. 10569 of 2022 C/W CRL.P No. 8951 of 2022 ORAL ORDER In these petitions filed by petitioners who are respectively arraigned as accused No.4 and 1 under Section 482 of Code of Criminal Procedure, are seeking quashing of criminal proceedings in Spl.C.No.794/2021 on the file of II Addl.District and Sessions Judge, Bengaluru Rural District, Bengaluru, for the offences punishable under Sections 504, 506 r/w Section 34 of IPC and Section 3(2) (va) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 ('SC/ST (POA) Act' for short). 2. In support of the petitions, the petitioners have contended that the plain reading of first information and the charge sheet reveal that no case is made out to proceed against the petitioners for the offences alleged. The dispute between the parties is purely civil in nature, which is tried to be given a colour of criminal dispute. The allegations made are false, baseless and far from truth. - 5 - HC-KAR NC: 2025:KHC:28993 CRL.P No. 10569 of 2022 C/W CRL.P No. 8951 of 2022 There are no documents to show that the alleged victims belong to Schedule Caste to Scheduled Tribe. In fact accused persons, including the petitioners were not knowing the caste to which the alleged victims belong. In the charge sheet also, necessary documents are not produced to evidence the said fact. CW-8 is not having any documents to prove his title to the property in dispute. Having lost in the civil suit, he has set up CWs-1 and 2 to file false case. 3. Originally, the disputed land measuring 2 acres 20 guntas out of 7 acres and 20 guntas in Sy.No.69/1 (new Sy.No.154) of Doddathoguru Village, Beguru Hobli, Bengaluru South Taluk, where the alleged incident took place was the joint family property of accused Nos.2 and 3. They were in peaceful possession and enjoyment of the same. Some miscreants created a forged sale deed and on the basis of it, sold the land to many persons. Smt.Saraswathi was one of such purchasers from CW-8 Tulasiram. Therefore, O.S.No.16751/2002 was filed by - 6 - HC-KAR NC: 2025:KHC:28993 CRL.P No. 10569 of 2022 C/W CRL.P No. 8951 of 2022 accused Nos.2 and 3. It came to be decreed on 10.08.2020, declaring that the said sale deeds would not bind the rights of accused Nos.2 and 3 and consequential relief of permanent injunction was also granted. 4. After the said judgment, accused Nos.2 and 3 have executed sale deed in favour of petitioner herein and put him in possession. Therefore, respondent No.2 has no locus standi to claim that CW-8 Tulasiram was the owner. There is no prima facie case. The continuation of the criminal proceedings would amount to abuse of the process of the Court and hence, the petition. 5. In support of his arguments, learned counsel for petitioner has relied upon the following decisions: (i) Ramesha Chandra Vaishya Vs. State of U.P (Ramesha Chandra Vaishya)1 (ii) Naresh Aneja Vs. State of UP (Naresh Aneja)2 1 [SLP (Crl)No.1249/2023 Dt:19.05.2023] 2 (2025 INSC 19 Dt: 02.01.2025 - 7 - HC-KAR NC: 2025:KHC:28993 CRL.P No. 10569 of 2022 C/W CRL.P No. 8951 of 2022 6. On the other hand learned High Court Government Pleader for respondent No.1 State and learned counsel representing respondent No.2 would submit that on 13.09.2020, respondent No.2 has filed a complaint alleging that since 30 years he and his wife Rajamma are staying in a shed constructed in Sy.No.69/1 (New Sy.No.154) of Doddathoguru Village, Beguru Hobli, Bengaluru South Taluk, as per the directions of the owner. On 13.09.2020, at 7.00 a.m, accused Nos.1 to 4 and others trespassed into the said land. When they tried to prevent them, the accused persons dragged them to the main road and in a public place abused them referring to their caste. They were pushed to the ground and given threat to their life. They also demolished the shed and threw away the household articles and ornaments. 6.1 Based on the complaint, the concerned police registered the case in Cr.No.140/2020 and after conducting details investigation filed charge sheet for the offences 504, - 8 - HC-KAR NC: 2025:KHC:28993 CRL.P No. 10569 of 2022 C/W CRL.P No. 8951 of 2022 506 r/w Section 34 IPC and Section 3(2)(va) of SC/ST (POA) Act. It makes out a strong prima facie case. The matter requires full fledged trial to prove the allegations against all the accused persons, including the petitioners and pray to dismiss the petition. 7. In support of his arguments, learned counsel for respondent No.2 has relied upon the following decisions: (i) Kaptan Singh Vs. State of Uttar Pradesh (Kaptan Singh)3 (ii) CBI Vs. Aryan Singh (Aryan Singh)4 (iii) Matura Prasad Vs. State of Madhya Pradesh (Matura Prasad)5 (iv) Bishan Das Vs. State of Punjab (Bishan Das)6 (v) Sopan Sukdeo Sable Vs. Assistant Charity (Sopan Sukdeo Sable)7 (vi) Hitesh Verma Vs. State of Uttarakhand (Hitesh Verma)8 3 (2021) 9 SCC 35 4 (2023) 18 SCC 399 5 1992 Supp (1) SCC 406 6 AIR 1961 SC 1570 7 (2004) 3 SCC 137 8 (2020) 10 SCC 710 - 9 - HC-KAR NC: 2025:KHC:28993 CRL.P No. 10569 of 2022 C/W CRL.P No. 8951 of 2022 8. Heard arguments and perused the record. 9. Thus, accused Nos.1 and 4 are seeking quashing of the criminal proceedings initiated against them contending that the dispute is purely civil in nature and after suffering defeat on the civil side, complainant and CW-2 are set up to file a false complaint. 10. In the light of the ratio in the decisions relied upon by both the parties, it is necessary to examine whether the criminal proceedings initiated against the petitioners are required to be quashed. 11. From the material placed on record, it is evident that the dispute pertains to Sy.No.69/1 (New Sy.No.154) of Doddathoguru Village, Beguru Hobli, Bengaluru South Taluk. In respect of the said land, civil suit in O.S.No.16751/2002 was filed by accused Nos.2 and 3. It came to be decreed on 10.08.2020, declaring that the said sale deeds would not bind the rights of accused Nos.2 and 3, based on certain sale deed concocted and - 10 - HC-KAR NC: 2025:KHC:28993 CRL.P No. 10569 of 2022 C/W CRL.P No. 8951 of 2022 subsequent purchasers based on the said sale deed have not acquired any right. Consequent upon the decree passed in their favour, accused Nos.2 and 3 have executed sale deed in favour of accused No.4 and put him in possession. In the light of the same, question of petitioners trespassing into the land would not arise. 12. According to the complaint averments, as well as the contention of the petitioners, the accused persons were not known to complainant and his wife, consequently, the accused persons knowing the caste of complainant and his wife and abusing them referring to their caste would not arise. Consequently, the offences punishable under Section 3(1)(v), 3(1)(x) and 3(1)(xi) of SC/ST(POA) Act, are not pressed into service. When accused persons are not knowing the complainant and his wife and their caste, Section 3(1)(va) of SC/ST(POA) Act would also not attracted. Therefore, continuation of the criminal proceedings against the petitioners would amount to abuse of the process of the Court and accordingly the following: - 11 - HC-KAR NC: 2025:KHC:28993 CRL.P No. 10569 of 2022 C/W CRL.P No. 8951 of 2022 ORDER (i) Petition filed by the petitioner/complainant under Section 482 Cr.P.C is hereby allowed. (ii) The criminal proceedings in Spl.C.No.794/2021 on the file of II Addl.District and Sessions Judge, Bengaluru Rural District, Bengaluru, for the offences punishable under Sections 504, 506 r/w Section 34 of IPC and Section 3(2) (va) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 is hereby quashed. (iii) The Registry is directed to send a copy of this order to the trial court through e- mail. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 47