- 1 - HC-KAR NC: 2025:KHC:29536 CRL.P No. 11099 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO.11099 OF 2025 BETWEEN: 1. NEELAMMA S W/O LATE V.MADESH AGED ABOUT 51 YEARS R/AT CHIKKANAHALLI SOLURU HOBLI MAGADI TALUK RAMANAGARA DISTRICT-562127 2. VINODA @ VINOD KUMAR A S/O ASHWATHAIAH AGED ABOUT 35 YEARS R/AT NO.131, SINGAPURA MAIN ROAD M.S. PALYA, VINAYAKANAGARA BENGALURU-560097 3. PUTTAIAH S/O SANNARANGAIAH AGED ABOUT 59 YEARS R/AT NO.11, CHIKKANAHALLI SOLURU HOBLI MAGADI TALUK RAMANAGARA DISTRICT-562127 4. RAJESH P S/O PUTTAIAH AGED ABOUT 30 YEARS Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29536 CRL.P No. 11099 of 2025 R/AT CHIKKANAHALLI YANNEGERE RAMANAGARA DISTRICT-562127 5. YOGESH P @ PAPANNI S/O PUTTAIAH AGED ABOUT 26 YEARS R/AT NO.10, CHIKKANAHALLI SOLURU HOBLI YANNEGERE MAGADI TALUK RAMANAGARA DISTRICT-562127 6. GEETHA R W/O RAJESH P AGED ABOUT 27 YEARS R/AT CHIKKANAHALLI SOLURU HOBLI MAGADI TALUK RAMANAGARA DISTRICT-562127 7. LAKSHMAMMA W/O V RAMAIAH AGED ABOUT 69 YEARS R/AT LAKKENAHALLI GRAMA PANCHAYATH CHIKKANAHALLI YANNEGERE MAGADI TALUK RAMANAGARA DISTRICT-562127 …PETITIONERS (BY SRI. MANJUNATH M R, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY KUDUR POLICE STATION RAMANAGARA - 3 - HC-KAR NC: 2025:KHC:29536 CRL.P No. 11099 of 2025 REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560001 2. SRINIVASA S/O LATE BETTAIAH AGED ABOUT 42 YEARS R/AT CHIKKANAHALLI SOLURU HOBLI MAGADI TALUK RAMANAGARA DISTRICT-562127 …RESPONDENTS (BY SRI.RAJESH RAI, HCGP FOR R.1) THIS CRL.P IS FILED U/SEC.482 (FILED U/S.528 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONERS PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.7311/2024 FOR AN OFFENCE P/U/SEC.189(2), 115(2), 118(1), 74, 352, 351(2), 190 OF BNS REGISTERED BY KUDUR POLICE STATION, RAMANAGARA DISTRICT, PENDING ON THE FILE OF THE CERTIFIED COPY OF ADDL. CIVIL JUDGE AND JMFC MAGADI, RAMANAGARA DISTRICT AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed by the petitioners - accused Nos.1 to 7 assailing the charge sheet laid by the - 4 - HC-KAR NC: 2025:KHC:29536 CRL.P No. 11099 of 2025 Investigating Officer in C.C.No.7311/2024 for the offences punishable under Sections 189(2), 115(2), 118(1), 74, 352, 351(2), 190 of Bharatiya Nyaya Sanhita, 2023. Pursuant to the lodging of complaint by respondent No.2, a crime was registered in Crime No.230/2024 and the Investigating Officer has conducted the investigation and laid a charge sheet. 2. The primary contention of the petitioners is that the dispute between them and respondent No.2 is essentially civil in nature and is already the subject matter of O.S.No.225/2024, a bare suit for injunction pending before the Court of the Senior Civil Judge and JMFC, Magadi. The petitioners assert that an interim injunction has been granted in their favour. It is their case that despite the subsistence of such an injunction, respondent No.2 and others attempted to encroach upon the property of petitioner No.1 and that the complaint lodged by respondent No.2 is a retaliatory move intended to give a civil dispute a criminal colour. - 5 - HC-KAR NC: 2025:KHC:29536 CRL.P No. 11099 of 2025 3. The learned counsel for the petitioners has sought to invoke the inherent jurisdiction of this Court under Section 482 of the Cr.P.C., urging that the criminal proceedings in C.C.No.7311/2024 are an abuse of the process of law and should be quashed. 4. However, on a careful perusal of the charge sheet, it is evident that a prima-facie triable case is made out. The charge sheet is supported by statements of eye-witnesses, namely C.Ws.1 to 3, who have narrated specific overt acts attributed to the petitioners. In addition, the charge sheet includes medical evidence in the form of a wound certificate obtained by the Investigating Officer during the course of the investigation, thereby lending credence to the allegations made by the complainant. The petitioners have been charge-sheeted for offences punishable under Sections 189(2), 115(2), 118(1), 74, 352, 351(2) and 190 of the Bharatiya Nyaya Sanhita, 2023. - 6 - HC-KAR NC: 2025:KHC:29536 CRL.P No. 11099 of 2025 5. In view of the above, this Court is of the considered opinion that this is not a fit case for exercising inherent jurisdiction under Section 482 Cr.P.C. The materials placed along with the charge sheet disclose the commission of cognizable offences and raise triable issues that ought to be adjudicated during the course of trial. The allegations have to substantiate and burden is on prosecution and therefore, prosecution must be afforded an opportunity to establish its case. The truthfulness or otherwise of the allegations is a matter for trial and cannot be adjudicated in a petition under Section 482 Cr.P.C. Accordingly, the petition deserves to be dismissed. 6. The petitioners/accused are at liberty to place reliance on the pendency of the civil suit and the interim injunction granted therein as part of their defence during the course of trial. It is open to them to confront the prosecution witnesses with these facts and urge that the criminal proceedings are motivated or mala fide. However, such issues require appreciation of evidence and cannot be - 7 - HC-KAR NC: 2025:KHC:29536 CRL.P No. 11099 of 2025 conclusively determined in a petition under Section 482 Cr.P.C. Hence, the proceedings cannot be interdicted at the threshold. Accordingly, the petition stands dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 16