- 1 - HC-KAR NC: 2025:KHC:48136 CRL.P No. 3134 of 2025 C/W CRL.P No. 9285 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 3134 OF 2025 C/W CRIMINAL PETITION NO. 9285 OF 2023 IN CRL.P No. 3134/2025 BETWEEN: 1. SRI. BYRAPPA, S/O MUNIYAPPA, AGED ABOUT 54 YEARS, R/AT JATTIPALYA, HAROHALLI HOBLI, KAGGALAHALLI, RAMANAGAR, KANAKAPURA – 562 112. 2. SRI. MUNIRAJU, S/O MUNIYAPPA, AGED ABOUT 63 YEARS, R/AT JATTIPALYA, HAROHALLI HOBLI, KAGGALAHALLI, RAMANAGAR, KANAKAPURA – 562 112. 3. SMT. VEENA, W/O SRI. BYRAPPA, AGED ABOUT 48 YEARS, R/AT JATTIPALYA, HAROHALLI HOBLI, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:48136 CRL.P No. 3134 of 2025 C/W CRL.P No. 9285 of 2023 KAGGALAHALLI, RAMANAGAR, KANAKAPURA – 562 112. 4. SRI. KISHORE, S/O BYRAPPA, AGED ABOUT 27 YEARS, R/AT JATTIPALYA, HAROHALLI HOBLI, KAGGALAHALLI, RAMANAGAR, KANAKAPURA – 562 112. …PETITIONERS (BY SRI. K.B.K.SWAMY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY KAGGALIPURA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, HIGH COURT OF KARNATAKA, BENGALURU – 560 001. 2. M/S. RISHI ORCHARD PVT. LTD., NO.B1, 1301, GOKULAM APARTMENTS, DODDAKALASANDRA, KANAKAPURA ROAD, BENGALURU – 560 062, REPRESENTED BY HIS DIRECTOR SHRI PRAKASH CHANDRA NAHATA AGED ABOUT 68 YEARS. …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1; SRI. LAXMIKANTHA K. B., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO ALLOW THIS PETITION BY QUASHING THE - 3 - HC-KAR NC: 2025:KHC:48136 CRL.P No. 3134 of 2025 C/W CRL.P No. 9285 of 2023 PROCEEDINGS IN C.C.NO.8003/2024 (CR.NO.208/2023) FOR OFFENCES P/U/S 427, 504, 506, 34 OF IPC REGISTERED BY KAGGALIPURA POLICE STATION, RAMANAGARA SUB-DIVISION, RAMANAGARA DISTRICT, AS AGAINST THE PETITIONERS, PENDING ON THE FILE OF THE II ADDL. CJM, BANGALORE RURAL DISTRICT, BANGALORE, IN THE ENDS OF JUSTICE. IN CRL.P NO. 9285/2023 BETWEEN: 1. SMT. NIDHI NAHATA, AGED ABOUT 43 YEARS, D/O SRI. PRAKASH CHAND NAHATA, 2. SRI. PRADEEP, AGED ABOUT 40 YEARS, S/O SRI. PRAKASH, 3. SMT. BHUMIKA NAHATA, AGED ABOUT 36 YEARS, D/O SRI. PRAKASH CHAND NAHATA, 4. SRI. ASISH, AGED ABOUT 34 YEARS, S/O SUNNY, 5. SMT. DIVYA, AGED ABOUT 40 YEARS, D/O SRI. PRAKASH CHAND NAHATA, 6. SRI. PRAKASH CHAND NAHATA, AGED ABOUT 67 YEARS, S/O LATE NORATAN NAHATA, THE PETITIONERS ARE DESCRIBED AS RESIDENTS OF B.1, 1301, ”GOKULAM APARTMENT”, - 4 - HC-KAR NC: 2025:KHC:48136 CRL.P No. 3134 of 2025 C/W CRL.P No. 9285 of 2023 DODDAKALLASANDRA, BENGALURU – 560 078. ...PETITIONERS (BY SRI. LAXMIKANTHA K. B., ADVOCATE) AND: 1. STATE OF KARNATAKA, BY THE STATION HOUSE OFFICER, KAGGALIPURA POLICE STATION, KAGGALIPURA, RAMANAGARA SUB-DIVISION, RAMANAGARA DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT, BENGALURU – 560 001. 2. SRI. BYRAPPA, AGED ABOUT 53 YEARS, S/O MUNIYAPPA, RESIDENT OF JATTIPALYA, KAGGALAHALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT – 562 159. ...RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1; SRI. K.B.K.SWAMY, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.209/2023 DATED 21.05.2023 FOR THE OFFENCES THAT ARE MADE PENAL U/S 354B, 506, 509, 504, 149, 447 AND 323 OF IPC REGISTERED AT KAGGALIPURA POLICE STATION, RAMANAGARA SUB- DIVISION, RAMANAGARA DISTRICT AS AGAINST THE PETITIONERS, PENDING ON THE FILE OF II ADDL. C.J.M., BENGALURU RURAL DISTRICT, BENGALURU, IN THE ENDS OF JUSTICE. - 5 - HC-KAR NC: 2025:KHC:48136 CRL.P No. 3134 of 2025 C/W CRL.P No. 9285 of 2023 THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Both these petitions arise out of case and a counter case registered against each other. 2. Crime No.208/2023 is registered on a complaint lodged by one Sri.Prakash Chandra Nahata and Crime No.209/2023 is registered on a complaint lodged by one Sri.Byrappa. It can be seen from the FIR that both the first informants are arraigned as one of the accused. 3. FIR in Crime No.208/2023 of Kaggalipura police station is registered for the offence punishable under Sections 427, 506, 149, 379, 420, 447, 448, 470 and 327 of Indian Penal Code against the first informant in the counter case and four others. Challenging the registration of the FIR and the consequent proceedings, the accused therein have preferred Criminal Petition No.3134/2025. - 6 - HC-KAR NC: 2025:KHC:48136 CRL.P No. 3134 of 2025 C/W CRL.P No. 9285 of 2023 4. Similarly, FIR in Crime No.209/2023 of Kaggalipura police station is registered for the offence punishable under Sections 354B, 506, 509, 504, 149, 447 and 323 of Indian Penal Code, against one Nidhi Nahata and others. The first informant in the first case has been arraigned as accused No.6. 5. It is the primary contention of the learned counsel appearing on both side that false cases are registered against each other. From the material on record, it can be seen that the incident is as a result of a land dispute, wherein both the parties claim that the accused named in the FIR have trespassed into the land, etc. It is submitted that during the pendency of the suit, a status quo order was passed which was subsequently vacated by the Civil Court. 6. The complainant in Crime No.208/2023 has alleged that on 20.05.2023, the accused named in the FIR and others having forged certain documents relating to the property in question, trespassed into the property with JCB and destroyed the fencing, cut the electric and UPS wires and also cut and - 7 - HC-KAR NC: 2025:KHC:48136 CRL.P No. 3134 of 2025 C/W CRL.P No. 9285 of 2023 removed about 30 trees and caused loss to the tune of lakhs of rupees. It is also alleged that they have stolen certain articles and cash kept in the house, etc. 7. In Crime No.209/2023, it is alleged that on 20.05.2023, when the complainant and others were cultivating the land in question, the accused came along with bouncers, trespassed into the land, outraged the modesty of complainant's wife, threatened with dire consequences, etc. 8. It is pertinent to mention that in Crime No.208/2023, the police on completion of investigation have filed charge sheet, whereas, in Crime No.209/2023, the investigation is pending. In both the cases, the respective complainants having made allegations and counter allegations, which disclose cognizable offences. This Court is not inclined to interfere with the investigation or further proceedings at this stage. In Crime No.209/2023, the police are yet to file charge sheet. No grounds are made to quash the proceedings. Hence, reserving liberty to both the parties to seek discharge, if no - 8 - HC-KAR NC: 2025:KHC:48136 CRL.P No. 3134 of 2025 C/W CRL.P No. 9285 of 2023 materials are collected against them, both the petitions are dismissed. 9. Pending I.As are disposed. Sd/- (MOHAMMAD NAWAZ) JUDGE CBC List No.: 1 Sl No.: 2