- 1 - NC: 2025:KHC-D:2384 CRL.P No. 101954 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101954 OF 2023 (482(CR.PC)/528(BNSS)) BETWEEN: 1. BASAVARAJ S/O ESHAPPA KARKIHALLI, AGE: 38 YEARS, OCC: ADVOCATE, R/O: NEAR ADARSHA SCHOOL, SHIVANAND NAGAR, TQ: H.B. HALLI, DIST: VIJAYANAGAR-583 224. 2. BASAMMA @ K. BASAVARAJESHWARI W/O DODDABASAPPA, AGE: 37 YEARS, OCC: HOUSE WIFE, R/O: NEAR ADARSHA SCHOOL, SHIVANAND NAGAR, TQ: H.B. HALLI, DIST: VIJAYANAGAR-583 224. 3. ESHAPPA S/O KOTRAPPA KARKIHALLI, AGE: 73 YEARS, OCC: AGRICULTURE, R/O: NEAR ADARSHA SCHOOL, SHIVANAND NAGAR, TQ: H.B. HALLI, DIST: VIJAYANAGAR-583 224. … PETITIONERS (BY SRI. H.N. GULARADDI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH H.B. HALLI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH AT DHARWAD. 2. HUCHENGAVVA W/O YAGGAPPA, AGE: 46 YEARS, OCC: COOLIE, R/O: NEAR ADARSHA SCHOOL, B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.11 15:51:49 +0530 - 2 - NC: 2025:KHC-D:2384 CRL.P No. 101954 of 2023 SHIVANAND NAGAR, TQ: H.B. HALLI, DIST: VIJAYANAGAR-583 224. … RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, AGA FOR R1; SMT. RESHMA MADIWALAR, ADVOCATE FOR SRI. T. HANUMAREDDY, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. PRAYING TO QUASH THE ORDER OF TAKING OF COGNIZANCE AND ISSUANCE OF SUMMONS DATED 08.05.2023 IN SPL. C.NO.298/2023 PASSED BY THE I ADDL. DISTRICT AND SESSIONS JUDGE BALLARI IN HB HALLI PS CRIME NO.35/2023 FOR THE OFFENCES P/U/SEC. 323, 354, 504, 506, R/W SEC. 34 OF IPC AND 3(1)(R), 3(1)(W-2) 3(2)(V-A), 3(1)(S) OF SC AND ST (POA)-1989 ACT, PRODUCED AT ANNEXURE-G, IN SO FOR AS PETITIONER/ACCUSED NO.1, 3 AND 4 ARE CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners are sought to be prosecuted for offences punishable under Sections 143, 147, 148, 323, 324, 326, 355, 307, 504, and 506 read with Section 149 of the Indian Penal Code, 1860 (for short, ‘IPC’). 2. The prosecution alleges that CWs.1, 4, and 11 had conveyed the lands in Sy.No.836/A, measuring 2 acres 11 cents, and Sy.No.839/A, measuring 2 acres 39 cents, in favor of CW11. It is alleged that accused Nos.4, 6, and 11, along with their brothers, encroached upon the land. On 19.02.2023, when CWs.1 and 4 to 7 visited the land and questioned the accused regarding the encroachment, the accused allegedly picked up a quarrel, abused CWs.1 and 4 to 7 with reference to their caste, and threatened - 3 - NC: 2025:KHC-D:2384 CRL.P No. 101954 of 2023 them with dire consequences. It is further alleged that accused No.2 attempted to assault CW4, and when CWs.1 and 5 intervened to protect CW4, accused No.2 pulled the saree of CW1. Based on these allegations, the learned Magistrate has taken cognizance of the offences. 3. The learned counsel for the petitioners contended that the petitioners (accused Nos.1 to 3) are in possession and enjoyment of the subject lands, which is evident from the order dated 17.06.2022, passed by the Assistant Commissioner, Hosapete, directing the mutation of their names in the record of rights with respect to the subject lands. It is further submitted that the order of the Assistant Commissioner has attained finality and is binding on respondent No.2 and her family members. 4. In response, the learned counsel for respondent No.2 submitted that respondent No.2 and her family members are the rightful owners of the subject lands, having purchased them through a registered sale deed. It is contended that the petitioners, having encroached upon the lands, have committed the alleged offences. The learned counsel further argued that the veracity of these allegations should be examined during trial and not in the present petition, and accordingly, sought dismissal of the petition. 5. The arguments of the learned counsel for the parties have been duly considered. 6. The petitioners have produced a copy of the order dated 17.06.2022, passed by the Assistant Commissioner, - 4 - NC: 2025:KHC-D:2384 CRL.P No. 101954 of 2023 Hosapete, wherein it is recorded that the name of accused No.4 was ordered to be mutated in the revenue records concerning Sy.No.839/A/3, measuring 3.85 acres, and Sy.No.836/1, measuring 1.65 acres. Furthermore, it was ordered that Harijana Ningappa, son of late Durgappa, be recorded in the revenue records for Sy.No.839/1, measuring 1 acre 38 guntas, and Sy.No.836/A/1, measuring 2 acres 11 cents. The order of the Assistant Commissioner has attained finality, and the finding therein binds Harijana Ningappa and any person claiming through him. 7. The alleged incident occurred on 19.02.2023, but the FIR was lodged only on 22.02.2023, after the petitioners had already lodged an FIR against the family members of respondent No.2. The dispute between the parties primarily pertains to the identity and ownership of the property, but has been given a criminal color. In such circumstances, continuation of criminal proceedings would amount to an abuse of the process of law. ORDER i) The petition is allowed. ii) The impugned proceedings in Spl.C No.298/2023 pending on the file of the learned I Addl. District and Sessions Judge, Ballari, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM CT:BCK/List No.: 1 Sl No.: 63