- 1 - HC-KAR NC: 2025:KHC:43455 CRL.P No. 6574 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN CRIMINAL PETITION NO. 6574 OF 2023 BETWEEN: 1. MR. THAMMEGOWDA S/O SANNAPPAGOWDA, AGED ABOUT 45 YEARS, R/AT ALLENAHALLI VILLAGE, AKKIHEBBALU HOBLI, K.R.PET TALUK, MANDYA DISTRICT-571605. 2. ANUSUYA W/O THAMME GOWDA, AGED ABOUT 42 YEARS, R/AT ALLENAHALLI VILLAGE, AKKIHEBBALU HOBLI, K.R.PET TALUK, MANDYA DISTRICT-571605. 3. A.S JAVAREGOWDA S/O SANNAPPAGOWDA, AGED ABOUT 53 YEARS, R/AT ALLENAHALLI VILLAGE, AKKIHEBBALU HOBLI, K.R.PET TALUK, MANDYA DISTRICT-571605. 4. PRAMEELA W/O JAVARE GOWDA A.S, AGED ABOUT 54 YEARS, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43455 CRL.P No. 6574 of 2023 R/AT ALLENAHALLI VILLAGE, AKKIHEBBALU HOBLI, K.R. PET TALUK, MANDYA DISTRICT-571605. …PETITIONERS (BY SRI. SRINIVAS V.,ADVOCATE) AND: 1. STATE BY K.R.PET RURAL POLICE STATION REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE - 560 001. 2. RAJAIAH S/O LATE CHALUVAIAH AGED ABOUT 60 YEARS, R/AT ALLENAHALLI VILLAGE, AKKIHEBBALU HOBLI, K.R. PET TALUK, MANDYA DISTRICT - 571 605. …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1 SRI. LAKSHMIKANTA K., ADVOCATE FOR R2) THIS CRL.PETITION IS FILED U/S.482 OF CR.P.C PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED QUASH THE FIR IN CRIME NO.144/2023 REGISTERED FOR AN OFFENCE PUNISHABLE UNDER SECTION 447, 504, 506, 323, 34 OF IPC AND U/S-3(1)(F),3(1)(R),3(1)(S) OF SC AND ST (PREVENTION OF THE ATROCITIES) AMENDMENT ACT 2015 REGISTERED BY THE K.R.PET RURAL POLICE (RESPONDENT NO.1) BEFORE V ADDL DISTRICT AND SESSION COURT MANDYA AND ETC., THIS PETITION, COMING ON FOR ADMISSION THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:43455 CRL.P No. 6574 of 2023 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The criminal petition is filed with the following prayers: "a) Call For Records in Crime No 144/2023 on the file of V Addl Cistrict And Session Court Mandya, b) Quash the FIR in Crime No 144/2023 registered for an offence punishable under section 447, 504, 506, 323, 34 of IPC and u/s- 3(1)(f),3(1)(R), 3(1)(s) of SC & ST (Prevention of the Atrocities) Amendment Act 2015 registered by the K.R.Pet Rural police (Respondent No1) before V Addl District And Session Court Mandya and, c) Grant any other relief that this Hon'ble Court deems fit in the facts and circumstances of the case." 2. There is a civil dispute between the petitioners and respondent No.2/complainant by way of O.S.No.400/2016, pending on the file of the Civil Judge - 4 - HC-KAR NC: 2025:KHC:43455 CRL.P No. 6574 of 2023 (Jr.Dn) and JMFC, Krishnarajapete, wherein respondent No.2 is the plaintiff No.1. The same is in respect of a property and respondent No.2 has preferred a suit for permanent injunction. 3. The allegation of respondent No.2 against the petitioners herein is that respondent No.2 belongs to the Scheduled Castes and Scheduled Tribes (for short, 'the SC and ST') and due to the animosity, that exists between the petitioners and respondent No.2 due to the dispute over a property, on 24.06.2023 at about 07.15 a.m., the petitioners entered the land of respondent No.2 and verbally abused him, taking the name of the community of respondent No.2 and also physically assaulted him, causing simple injury. 4. The gist of the complaint as recorded in the FIR is as follows: "ಾಂಕ:24/06/2023 ರಂದು ಸಂ ೆ 7-15 ಗಂ ೆಯ ಸಮಯದ ಾ ಾಜಯ ೇ ಚಲುವಯ - 5 - HC-KAR NC: 2025:KHC:43455 CRL.P No. 6574 of 2023 ಆೇನಹ#$, %ಾ&ಮ, ಅ()*ೆ+ಾ,ಳ. *ೋಬ#, 1ೆ.ಆ2.3ೇ ೆ 4ಾ®Æèಕು ರವರು 5ಾ6ೆ%ೆ *ಾಜಾ7 8ೕ9ದ ದೂ:ನ ;ಾಾಂಶ=ೆೆಂದೆ ಾನು >ೕಲ)ಂಡ @Aಾಸದ =ಾಸ=ಾ7ರುವ ಾನು ತಮ%ೆ C#ಯಪ9ಸುವEFೆೆಂದೆ ಾನು ನನ%ೆ ಸ1ಾರಂದ ಮಂಜೂಾದ ಸ=ೆ ನಂ 14ರ 02 ಎಕೆ ಜHೕ8ನ ಾನು ನನ%ೆ ಸ1ಾರಂದ ಮಂಜೂಾದ ನಂದಲೂ, ಮುಂIತ=ಾ7ಯೂ ನನ%ೆ Cಳ.ವ#1ೆ ಬಂFಾ78ಂದಲೂ, ಾೇ ವವ;ಾಯ Jಾ91ೊಂಡು ;ಾKLೕನದರು4ೆMೕೆ, Nೕ7ರ+ೇ1ಾದೆ ಾಂಕ-24-06-2023 ರಂದು +ೆ#UÉÎ 07-00 ಗಂ ೆ ಸಮಯದ ಸದ: ಾನು ನಮO ಜHೕ8ನ ಬ# ಇFಾQಗ ನಮO %ಾ&ಮದವಾದ ತ>R%ೌಡ ಸuÉÚÃ%ೌಡ, ಅನುಸೂಯ 1ೋಂ ತ>R%ೌಡ, ಜವೇ%ೌಡ ಸuÉÚÃ%ೌಡ, ಪ&HೕAಾ 1ೋಂ ಜವೇ%ೌಡ >ೕಲ)ಂಡ ಎಲರೂ ಸದ: ಜHೕ8ನ @Tಾರ1ೆ) ಸಂಭಂVದಂ4ೆ ನಮO ಜHೕ8ೊಳ%ೆ ನುಗWಲು ಪ&ಯತX ಪಡುವEದು. +ೆAೆಗಳನುX ಾಶ JಾಡುವEದು Nೕ%ೆ 4ೊಂದೆಯನುX 8ೕಡುCMೕದುQ ಾವEಗಳ. ಏ1ೆ Nೕ%ೆ 4ೊಂದೆಯನುX 1ೊಡುCMಾ ಎಂದು 1ೇ#ದQ1ೆ) >ೕಲ)ಂಡ ಎಲರೂ ನನXನುX 8ೕನು (ೕಳ. ಾCಯವನು 8ೕನು Jಾಗ ಜಾಂಗ1ೆ) ;ೇ:ದವನು, ನಮOನುX ಮುZ[V 1ೊಳ$+ೇಡ, ನಮ%ೆ >ೖ%ೆ ಆಗುತMFೆ. ಾವE *ೇ#ದಂ4ೆ 8ೕವE 1ೇಳ+ೇಕು, ಾವE ಉ7ದೆ 8ೕವE ಉ7V1ೊಳ$+ೇಕು ಎಂದು ನಮOನುX ;ಾವಜ8ಕ=ಾ7 ಾC8ಂದೆ Jಾ9 ನನXನುX 1ೆಟ[ ಅªÁåಚ ಪದಗ#ಂದ +ೈAiÀÄÄÝ, 1ೊೆ JಾಡುವEFಾ7 1ೊೆ +ೆದ:1ೆ *ಾ( 1ಾ8ಂದ ಒದುQ ಒಳೋವEಂಟು Jಾ9 1ೈಗ#ಂದ ಹೆ Jಾ9ರು4ಾMೆ, ಅಷ[ರ ಅAiÉÄ ನಮOಣbನ ಮಗ ಚಲುವಾಜು ಎ.1ೆ.ರವರು ಜಗಳ 9V ನಮOನುX ರcVದರು. >ೕಲ)ಂಡರವರು ಚಲುವಾಜು ರವ:ಗೂ ಸ*ಾ +ೆದ:1ೆ *ಾ(ರು4ಾMೆ. ಅದQ:ಂದ ದಾJಾ9 ನನX >ೕೆ ಹೆ Jಾ9 ಾC 8ಂದೆ Jಾ9ದ >ೕಲ)ಂಡ ಎಲರ >ೕಲೂ 1ಾನೂನು - 6 - HC-KAR NC: 2025:KHC:43455 CRL.P No. 6574 of 2023 :ೕC ಕ&ಮ 1ೈ%ೊ¼Àè+ೇ1ಾ7 3ಾ&ಥೆ ಎಂದೂ 8ೕ9ದ ಾದು ವನುX VKೕಕ:V1ೊಂಡು ಪ&ಕರಣ FಾಖVರು4ೆMೕೆ." 5. Respondent No.1-police registered an FIR under Sections 447, 504, 506, 323 and 34 of the Indian Penal Code, 1860 (for short, 'the IPC') and Sections 3(1)(f), 3(1)(r) and 3(1)(s) of the SC and ST (Prevention of Atrocities) Act, 1989. Aggrieved by the same, the present criminal petition is filed. 6. The case of the petitioners is that due to a dispute between the petitioners and respondent No.2, a false criminal case has been filed against the petitioners by respondent No.2. It is alleged that no such offence has been committed by the petitioners and it is prayed that the petition be allowed. 7. Per contra, the learned counsel for respondent No.2 submits that the allegations made in the complaint, which is reflected in the FIR, do constitute an offence as - 7 - HC-KAR NC: 2025:KHC:43455 CRL.P No. 6574 of 2023 alleged in the FIR and hence, the case is required to be tried and prays for dismissal of the petition. 8. However, the learned High Court Government Pleader appearing for the State, upon instructions, submits that the investigation is completed in the matter and when the police report was to be filed, the petitioners have approached this Court and have obtained an interim order because of which the police report was not filed. He further submits that there is no evidence to show that respondent No.2/complainant has sustained any injuries as alleged in the complaint. He also submits that apart from respondent No.2/complainant and his close relatives, no one else have deposed in favour of respondent No.2/complainant and it cannot be concluded that the petitioners are guilty of the offence alleged. 9. The question that arises for consideration is: - 8 - HC-KAR NC: 2025:KHC:43455 CRL.P No. 6574 of 2023 Whether, under the given facts and circumstances of the case, the petition can be allowed or the trial has to go on? 10. Section 3(1)(f) of the SC and ST (Prevention of Atrocities) Act, 1989, reads as under: "3. Punishments for offences atrocities.— (1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe.— (f) wrongfully occupies or cultivates any land, owned by, or in the possession of or allotted to, or notified by any competent authority to be allotted to, a member of a Scheduled Caste or a Scheduled Tribe, or gets such land transferred;" 11. The case of respondent No.2/complainant is that the petitioners have tried to interfere with the peaceful possession of his property and it is not that they have necessarily occupied or cultivated his land. As can be seen from O.S.No.400/2016, he does not admit wrongful possession of his property by the petitioners herein. But it - 9 - HC-KAR NC: 2025:KHC:43455 CRL.P No. 6574 of 2023 is a bare injunction suit wherein he has prayed for a direction at the hands of the Court to prevent the petitioners from interfering in the peaceful possession of the property of respondent No.2 herein. Thus, on the facts, it has to be concluded that an offence under Section 3(1)(f) of the SC and ST (Prevention of Atrocities) Act is not made out. 12. Insofar as it relates to an offence under Sections 3(1)(r) and 3(1)(s) of the SC and ST (Prevention of Atrocities) Act, 1989, which reads as under: "3. Punishments for offences atrocities.— (1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe.— (r) intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view; - 10 - HC-KAR NC: 2025:KHC:43455 CRL.P No. 6574 of 2023 (s) abuses any member of a Scheduled Caste or a Scheduled Tribe by caste name in any place within public view;" the petitioners are required to abuse respondent No.2/complainant using the name of his community in public view. Admittedly, the allegation is that it has taken place on the private land of respondent No.2/complainant and not in a public place and the person who has supported the case of respondent No.2/complainant are his relatives, who have to be considered as interested witnesses. Nevertheless, the facts do not show that the abuse has taken place in a public place. Hence, under the circumstances, in my opinion, offences under Sections 3(1)(r) and 3(1)(s) of the SC and ST (Prevention of Atrocities) Act is also not made out. 13. Insofar as it relates to physically assaulting respondent No.2/complainant, the submission of the learned High Court Government Pleader is that after the - 11 - HC-KAR NC: 2025:KHC:43455 CRL.P No. 6574 of 2023 investigation, they have not found any injury on respondent No.2/complainant and they have no evidence to show that the petitioners have in fact assaulted respondent No.2/complainant as alleged. 14. For the aforementioned reasons, the Criminal Petition is hereby allowed and the proceedings pursuant to Crime No.144/2023, pending on the file of V Addl.District and Sessions Court, Mandya, stand quashed. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 22