- 1 - NC: 2025:KHC-D:3596 CRL.P No. 102890 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102890 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SRI. ARUNODAY S/O. SHARANABASAPPA DUDGI, AGED ABOUT 57 YEARS, OCC. DIRECTOR SHRI. VIJAY MAHANTESH VIDYA VARDHAK SANGHA HUNGUND, RESIDING AT. #1518, KUMAR ONI, WARD NO.3, VTC HUNGUND, PO. HUNGUND, DIST. BAGALKOT. 2. SRI. MAHANTESH KADAPATTI S/O. SHIVASANGAPPA, AGED ABOUT 56 YEARS, HONORARY SECRETARY, SHRI. VIJAYA MAHANTESH VIDYA VARDHAKA SANGHA, HUNGUND, R/O. WARD NO.1, JOSHI GALLI, VTC ILKAL, PO. ILKAL, DIST. BAGALKOT. …PETITIONERS (BY SRI. SUNIL S.DESAI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY HUNGUNDA PS., DIST. BAGALKOT, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580001. 2. SRI. LAXMAN BANDIVADDAR S/O. RAMAPPA, AGED ABOUT 35 YEARS, OCC. LABOURER, R/O. RAMPUR, DIST. BAGALKOTE-587101. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1; NOTICE TO R2 IS SERVED) Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.25 18:00:30 +0530 - 2 - NC: 2025:KHC-D:3596 CRL.P No. 102890 of 2024 THIS CRIMINAL PETITION IS FILED U/S 528 OF BNSS, SEEKING TO, QUASH THE COMPLAINT DATED 12.08.2024 VIDE ANNEXURE-A, FIR IN CRIME NO.0112/2024 VIDE ANNEXURE-B FOR THE OFFENCE PUNISHABLE U/S 115(2), 329(3), 352, 351(2), 351(3), 3(6) OF THE BNS AND U/S 3(1)(r)(s), 3(2)(va) OF THE SC AND ST (PREVENTION OF ATROCITIES) AMENDMENT ACT 2015 AGAINST THE PETITIONERS/ACCUSED NO.1 AND 2 ON THE FILE OF ADDL.DISTRICT AND SESSIONS COURT, BAGALKOT, DIST. BAGALKOT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners, who are under investigation in Crime No. 112/2024 registered for offences punishable under Sections 115(2), 329(3), 352, 351(2), 351(3), and 3(6) of BNS, 2023, and Sections 3(1)(r)(s) and 3(2)(va) of the SC/ST (Prevention of Atrocities) Amendment Act, 2015, are before this Court seeking relief. 2. Respondent No.2 lodged a First Information Report, stating that he is an agricultural labourer working under Veeresh Kashappanavar, the owner of land bearing Sy. No. 458/1, measuring 3 acres 6 guntas, situated at Hungund. According to the FIR, at that time, the accused came to the spot, claimed that the land belonged to the Sangha, and abused and threatened the complainant with dire consequences. 3. Although respondent No.2/complainant was served with notice, he has not appeared in person nor through counsel, and is therefore placed ex parte. 4. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for the respondent/State. - 3 - NC: 2025:KHC-D:3596 CRL.P No. 102890 of 2024 5. The Sangha claims to be the owner of the subject land by virtue of a compromise decree in OS No. 129/2001 dated 21.04.2001. This compromise decree was later challenged by the legal representatives of the original owner in OS No. 165/2019. In that suit, the Sangha filed an application for a temporary injunction, and the trial Court restrained the legal representatives of the alleged original owner from alienating the subject land. Furthermore, a survey scheduled on 12.08.2024 was stayed by this Court in WP No. 104920/2024 vide order dated 21.08.2024. 6. During the pendency of the temporary injunction, the subject land was conveyed to the owner of the complainant on 21.10.2023. Therefore, the allegations made in the FIR arise out of a dispute relating to the title of the subject land. However, the matter has been given a criminal texture to wreak vengeance against the petitioners, with a revengeful intent to pressure them into arriving at a settlement. 7. Under these circumstances, the continuation of criminal proceedings would be an abuse of the process of law. Accordingly, the petition is allowed, and the impugned FIR in Crime No. 112/2024 registered by the Hungund Police, insofar as it relates to petitioners/accused Nos. 1 and 2, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 1 Sl No.: 33