- 1 - HC-KAR NC: 2025:KHC:34707 WP No. 18453 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI WRIT PETITION NO. 18453 OF 2023 (GM-RES) BETWEEN: 1. SHRI. SAMPATH KUMAR H A S/O SRI. M APPAIAH REDDY, AGED ABOUT 47 YEARS, R/AT NO.43, HAROHALLI, HUSKURE, BENGALURU-560099 2. SHRI. MUNIRAJUREDDY A S/O SRI M APPAIAH REDDY, AGED ABOUT 45 YEARS, R/AT NO.43, HAROHALLI, HUSKURE, BENGALURU-560099 3. SHRI. KRISHNA REDDY S/O SRI. M APPAIAH REDDY, AGED ABOUT 55 YEARS, R/AT NO.920, 9TH CROSS, 26TH MAIN, I SECTOR HSR, BENGALURU-560102 4. MRS. RADHA L W/O MR.MUNIREDDY A, AGED ABOUT 48 YEARS, R/AT NO.43, HAROHALLI, HUSKURE, BENGALURU-560099 Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34707 WP No. 18453 of 2023 5. MRS. S PRABHA W/O SAMPATH KUMAR H A, AGED ABOUT 40 YEARS, R/AT NO.43, HAROHALLI, HUSKURE, BENGALURU-560099 6. MR. HARI CHARAN H M S/O MUNIREDDY A, AGED ABOUT 22 YEARS, R/AT NO.43, HAROHALLI, HUSKURE, BENGALURU-560099 7. MR. SHREYAS S S/O SAMPATH KUMAR H A, AGED ABOUT 20 YEARS, R/AT NO.43, HAROHALLI, HUSKURE, BENGALURU-560099 …PETITIONERS (BY KUM/SMT. SONU.S, ADVOCATE FOR KUM/SMT. VANDANA P L, ADVOCATE) AND: 1. STATE BY HEBBAGODI P.S. REPRESENTED BY HCGP, HIGH COURT OF KARNATAKA, BANGALORE-560001 2. SHRI. LOKESH V NOVA SHINE ESTATE LLP COMPANY NO.135, I CROSS 5T, KORAMANGALA, BENGALURU-560034 …RESPONDENTS (BY SMT.N.ANITHA GIRISH, HCGP FOR R1; SRI.B.T.CHETHAN, ADVOCATE FOR R2) - 3 - HC-KAR NC: 2025:KHC:34707 WP No. 18453 of 2023 THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FIR IN CRIME NO.380/2023 DD 25.07.2023 OF RESPONDENT HEBBAGODI POLICE STATION, FOR THE ALLEGED OFFENCES PUNISHABLE U/S 506, 504, 143, 148, 149 AND 447 OF IPC ARRAGINING THE PETITIONERS HEREIN AS ACCUSED NO.1 TO 7 RESPECTIVELY PENDING ON THE FILE OF ADDL. CIVIL JUDGE (JR. DN) AND JMFC COURT, ANEKAL, BENGALURU RURAL DISTRICT VIDE ANNX-A. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER Petitioners who are arraigned as accused No.1 to 7 have filed this petition under Article 226 and 227 of the Constitution of India r/w Section 482 of the Code of Criminal Procedure, with a prayer to quash the criminal proceedings initiated against them in Cr.No.380/2023 of Hebbagodu PS, for the offences punishable under Sections 143, 148, 447, 504, 506 r/w Section 149 IPC. 2. In support of the petition, the petitioners have contended that the complaint fails to make out any case, and there are absolutely no incriminating circumstances in it, particularly against the petitioners. The complaint is - 4 - HC-KAR NC: 2025:KHC:34707 WP No. 18453 of 2023 vague and admit the fact that the concerned police have not made any seizure. Though petitioners were not present unnecessary their names are included in the complaint. The dispute between the parties is pending before the Civil Court. Without verifying these aspects, the concerned police have blindly registered the case. Petitioners are coming from a respectable family. They are not having any bad antecedents. The complaint is filed only to harass the petitioners. The dispute is purely civil in nature and as such continuation of the proceedings would amount to abuse of the process of the Court and hence the petition. 3. In support of her arguments learned counsel for petitioner has relied upon the decision in S.N.Vijayalakshmi and Ors. Vs. State of Karnataka and Anr. (S.N.Vijayalakshmi)1. 4. On the other hand, learned High Court Government Pleader representing respondent No.1 State 1 SLP(Crl)No.8626/2024 Dt:31.07.2025 - 5 - HC-KAR NC: 2025:KHC:34707 WP No. 18453 of 2023 and learned counsel representing respondent No.2/defacto complainant submit that accused Nos.1 to 3 have entered into a registered lease with Nova Shine Estates, a limited partnership Firm ('Firm' for short). As per the terms, in the said lease, they have put the firm in possession of 2 acres 16.05 guntas of land in Sy.No.142, 14/3 and 14/4 of Harohalli village. The lease is for a period of 15 years. As per the said lease, the Firm is carrying on agricultural activities of rearing cattle. However, petitioners have constructed stone compound on the northern side, as a result of which it has become difficult for the landlords to reach the land for their agricultural activities. When the workers of defacto complainant/Firm tried to remove the stone compound, all the accused persons abused them in filthy language and gave threat to their life. They also prevented the workers from carrying on the work. 5. Since the farmers are carrying on agricultural activities, including rearing of cattle, it is necessary to remove the stone compound and therefore, the complaint - 6 - HC-KAR NC: 2025:KHC:34707 WP No. 18453 of 2023 came to be issued. Despite regularly paying the premium for the lease, the accused persons are not honouring the agreement. Even arbitration application is also filed and despite interim order, the accused persons are interfering. They are trying to demolish Cow Shed and also the shed constructed for the workers and hence without any alternative, complaint is filed. Based on the complaint, case is registered and investigation is taken up. There is prima facie material to proceed with the matter and pray to dismiss the petition. 6. Heard arguments and perused the record. 7. It is not in dispute that accused Nos.1 to 3 being the owners of the land in question have entered into a registered lease agreement with the Firm. As per the said agreement, they have leased the property in question in favour of the Firm to carry out agriculture related operations including rearing of cows, for a period of 15 years. They have received a sum of ₹8,77,026/- towards - 7 - HC-KAR NC: 2025:KHC:34707 WP No. 18453 of 2023 interest free refundable, security deposit. Monthly premium is also being paid, by directly crediting into the account of accused Nos.1 to 3. It is submitted that of late accused Nos.1 and 2 have closed their account in order to prevent credit of rent to their accounts. Accused No.3 is receiving this said amount. 8. It is submitted that already more than ₹2,00,00,000/- are spent by the Firm for setting up the activities for which the land was taken on lease. As per the sketch, adjoining the lease property, the property purchased by the Firm which is shown in the cross lines is situated and on account of accused persons blocking the same with the stone wall, it could not be accessed. When it was tried to be removed, the accused persons interfered. In fact, the firm has filed Arbitration Application in A.A.No.41/2023 and secured interim order. Despite the same the accused persons have not stopped their interference. - 8 - HC-KAR NC: 2025:KHC:34707 WP No. 18453 of 2023 9. Accused Nos.1 to 3 have also filed suit in O.S.No.997/2023 to declare the lease as null and void and the same is barred by limitation and also executed under fraud and misrepresentation. They have also sought for recovery of possession from the Firm and other relief. This also clearly established the fact that it is the Firm which is in possession and enjoyment of the property in question. Till they get a decree and recover possession of the property, by due process of law, the accused persons are not justified in interfering with the possession of the Firm over the property in question. A full fledged investigation is required to ascertain the truth of the allegations made. Therefore, the criminal proceedings cannot be quashed. 10. So far as the decision in S.N.Vijaylakshmi is concerned, it deals with filing of private complaint without following the directions of Hon'ble Supreme Court in Priyanka Srivastava. However, in the present case, the concerned police have registered the crime based on first information given by respondent No.2 and investigation is - 9 - HC-KAR NC: 2025:KHC:34707 WP No. 18453 of 2023 taken up. Therefore, this decision is not applicable to the case on hand. 11. In the result the petition fails and accordingly, the following: ORDER (i) Petition filed by the petitioners/accused Nos.1 to 7 under Section 482 Cr.P.C is hereby rejected. (ii) The Registry is directed to send a copy of this order to the trial Court through email. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 18