- 1 - HC-KAR NC: 2025:KHC:44913 CRL.P No. 9472 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN CRIMINAL PETITION NO. 9472 OF 2018 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SMT. THOPAMMA D/O LATE G.C.HANUMAIAH AGED ABOUT 60 YEARS 2. SRI. SIDDAPPA S/O LATE G.C.HANUMAIAH AGED ABOUT 56 YEARS 3. SRI. GANGAIAH S/O LATE G.C.HANUMAIAH AGED ABOUT 80 YEARS 4. SRI. NAGARAJU S/O LATE G.C.HANUMAIAH AGED ABOUT 62 YEARS 5. SRI. THIMMARAYAPPA @ HANUMANTHARAYAPPA S/O LATE G.C.HANUMAIAH AGED ABOUT 64 YEARS (WORNGLY MENTIONED AS THIMMARAYAPPA IN CHARGE SHEET AND CC NO. 2029/2018) 6. SRI. SRINIVASA S/O LATE G.C.HANUMAIAH AGED ABOUT 49 YEARS 7. SRI. G.THIMMARAJU Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44913 CRL.P No. 9472 of 2018 S/O GANGAIAH AGED ABOUT 54 YEARS ALL ARE RESIDING AT GEJJAGADAHALLI VILLAGE DASANPURA HOBLI BENGALURU NORTH TALUK BENGALURU-562 123. …PETITIONERS (BY SRI. CHANDRASHEKARA N., ADVOCATE) AND: 1. STATE OF KARNATAKA MADANAYAKANAHALLI POLICE STATION BENGALURU DISTRICT-560 001. REPRESENTED BY SPP HIGH COURT BUILDING BENGALURU-560 001. 2. C.S.NANJUNDAIAH S/O LATE SESHAPPA AGED ABOUT 83 YEARS R/AT NO.5/A, 15TH CROSS WEST OF CHORD ROAD MAHALAKSHMI LAYOUT BENGALURU-560 086. …RESPONDENTS (BY SRI. K.NAGESHWARAPPA, HCGP FOR R1; SRI. NAGAIAH, ADVOCATE FOR R2; VIDE COURT ORDER DATED 03.06.2025, R2 DEAD) THIS CRL.P. IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN PCR.NO.50/2018, CR.NO.129/2018, C.C.NO.2029/2018 PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC, NELAMANAGALA BENGALURU RURAL DISTRICT AGAINST THE PETITIONERS AS ABUSE OF PROCESS OF LAW. - 3 - HC-KAR NC: 2025:KHC:44913 CRL.P No. 9472 of 2018 THIS PETITION COMING ON FOR HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER Pursuant to a private complaint filed by respondent no.2 a police report is filed against the petitioners herein for the offences under Sections 447, 448, 420, 468 read with Section 34 of IPC. It has resulted in C.C.No.2029/2018 pending on the file of Additional Civil Judge and JMFC, Nelamangala, Bengaluru Rural District. Aggrieved by the same, the present petition is filed. 2. The case of the petitioners is that, there was a civil dispute between petitioners and respondent no.2 in respect of Sy.No.1/7 of Narayanappanapalya village, it resulted in petitioner no.1 preferring O.S.No.1579/2009 on the file of Civil Judge (Sr.Dn.) and JMFC, Nelamangala, Bengaluru Rural District, which is still pending. It is submitted that respondent no.2 also filed - 4 - HC-KAR NC: 2025:KHC:44913 CRL.P No. 9472 of 2018 O.S.No.380/2009 for permanent injunction in respect of the same property, which has been dismissed after a full- fledged trial. The petitioners have produced a copy of the judgment passed in O.S.No.380/2009 in this regard. It is submitted by the petitioners that with a view of obtaining undue advantage, respondent no.2 has given a criminal colour to the civil dispute between the petitioners and himself. On the said ground, it is prayed that proceedings in C.C.No.2029/2018 be quashed. It is also submitted that subsequently respondent no.2 has died. 3. Learned High Court Government Pleader upon instructions, submits that the petitioners and respondent no.2 had a civil dispute in respect of Sy.No.1/7 of Narayanappanapalya village. He also submits that respondent no.2 lodged a complaint with the police, but the same was not registered as the police were of the opinion that it is a civil dispute between the petitioners and respondent no.2. It is further submitted that, thereafter respondent no.2 filed a private complaint before - 5 - HC-KAR NC: 2025:KHC:44913 CRL.P No. 9472 of 2018 the Court which resulted in reference of the said matter to police for investigation and thereafter an FIR was registered, investigation was done and a police report has been filed. However, he admits that subsequent to filing of the police report, civil Court in O.S.No.380/2009 has dismissed the claim of respondent no.2. 4. Perusal of the records reveal that the allegations made by respondent no.2 against the petitioners pertain to trespass and forgery of documents in respect of the property situated in Sy.No.1/7 of Narayanappanapalya village. Respondent no.2 had filed O.S.No.380/2009, which is a suit for permanent injunction against some of the petitioners herein. The trial Court in the said case had framed the following issues: "ISSUE No.1 Whether the plaintiff proves that he is in lawful possession and enjoyment of the suit schedule property as the absolute owner thereof? - 6 - HC-KAR NC: 2025:KHC:44913 CRL.P No. 9472 of 2018 ISSUE No.2: Whether the Plaintiff proves that the interference made by defendants over the suit schedule property? ISSUE No.3: Whether the plaintiff is entitled for the relief of permanent injunction? ISSUE No.4: What order or decree?" and had answered them as follows: "ISSUE No.1: In the Negative ISSUE No.2: In the negative ISSUE No.3: In the negative ISSUE No.4: As per the final order" The said suit has been dismissed. 5. Perusal of the record indicates that a civil dispute between petitioners and respondent No.2 has been given a criminal colour and further respondent no.2 and his legal heirs have failed to establish their rights over the property concerned and the fact that petitioners have - 7 - HC-KAR NC: 2025:KHC:44913 CRL.P No. 9472 of 2018 illegally encroached upon the property in O.S.No.380/2009. Under the said circumstances, the criminal petition will have to be allowed. Hence, the following: ORDER i) The proceedings against the petitioners herein in C.C.No.2029/2018 pending on the file of Additional Civil Judge and JMFC, Nelamangala, Bengaluru Rural District stands quashed. ii) The petition is accordingly allowed. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 41