Extracted from the PDF above. The PDF is authoritative.
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CNR: KAHC010007262026 NC: 2026:KHC:37443 CRL.P No. 76 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 76 OF 2026 BETWEEN:
1.
SMT. M.V. MYTHILI WIFE OF SRI. VASANTHA RANGAN, AGED ABOUT 73 YEARS, PRESENTLY RESIDING AT NO. 31, 1ST CROSS, RMS COLONY, II STAGE, NEAR BANK OF INDIA, SANJAYNAGAR, BENGALURU - 560 094.
2.
SMT. M. V. SMITHA, W/O SRI. H.S.V RAMPRIYA AGED ABOUT 50 YEARS, RESIDING AT NO. 120, 1ST MAIN, 5TH CROSS, SOUNDRAYA LAYOUT SIDEDAHALLI, NAGASANDRA, BENGALURU - 560 073. …PETITIONERS (BY SRI. THEJASWINI G, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA BY SANJAY NAGAR PS, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, OPPOSITE TO VIDHANA SOUDHA,
R Digitally signed by PADMAVATHI B K Location: High Court of Karnataka
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AMBEDKAR VEEDHI, BENGALURU - 560 001.
2.
SMT. M. V. SHRUTHI, WIFE OF SRI. SHRIRAM. C. K., AGED ABOUT 48 YEARS, NOW RESIDING AT 18, HOLLAND HILL, 11-22 PARVIS, SINGAPORE - 279746, PHONE NO. +65-94520756/+91-86187 78908, INDIAN ADDRESS AS IN OS. 5900/2024.
NO. 504, 13TH CROSS, ISRO LAYOUT, KUMARASWAMY LAYOUT, BENGALURU - 560 078. …RESPONDENTS (BY SMT. WAHEEDA M.M, HCGP FOR R1;
SRI. D.V. SENTHIL KUMAR, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ALLEGED FIR IN CR.NO.182/2025 WHICH IS REGISTERED BY THE RESPONDENT NO.1 IN SANJAY NAGAR P.S., BENGALURU, FOR THE OFFENCES P/U/S 3(5), 318(4), 336(3) OF BNS, 2023, PENDING ON THE FILE OF HONBLE VIII ACJM COURT, AT BENGALURU.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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CNR: KAHC010007262026 NC: 2026:KHC:37443 CRL.P No. 76 of 2026
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioners who are accused Nos.1 and 2 are before the Court calling in question the registration of a crime in Crime No.182 of 2025 registered by the daughter of the first petitioner and the sister of the second petitioner.
2. Heard Smt. Thejaswini G.,
learned counsel appearing for the petitioners; Smt. Waheeda M.M., learned High Court Government Pleader appearing for respondent No.1 and Sri. A.V. Senthil Kumar, learned counsel appearing for respondent No.2. 3. The facts adumbrated are as follows:
3.1. The petitioner No.1 is the widow of one late Vasantha Rangan, who departed this world in the year 2015, leaving behind his wife, two daughters, and an estate comprising immovable properties, fixed deposits and other valuable assets. Petitioner No.2 is the elder daughter, while respondent No.2 is the younger daughter. In the ordinary course of succession, the widow, by operation of law, stepped
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into the shoes of her deceased husband in respect of the estate left behind, save and except to the extent of any testamentary disposition, of which none is forthcoming. 3.2. Several years thereafter, the tranquility that ordinarily follows the demise of a family patriarch appears to have given way to a bitter contest over inheritance. The second respondent, one of the daughters of the first petitioner, who has long since made Singapore her matrimonial home and continues to reside there, is alleged to have discovered the execution of certain documents concerning the estate of the deceased. Acting from abroad, she lodged a complaint on 22.10.2025 with the jurisdictional police, alleging fraudulent transactions, forgery and an unauthorised mutation of the khatha in favour of the mother in respect of properties that once stood in the name of the deceased father. The complaint, transmitted from the shores of Singapore, immediately set the criminal law into motion, whereupon notices came to be issued to the petitioners. 3.3. What assumes considerable significance is the chronology of events. Long before the criminal complaint was
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conceived, the complainant herself had invoked the jurisdiction of the competent Civil Court by instituting O.S. No.5900 of 2024, seeking partition and separate possession of what she asserted to be her lawful share in the very same estate. Thus, the dispute had already entered the exclusive province of the Civil Court. Yet, on the very same set of facts, founded upon the very same grievance, the complainant elected to unleash the coercive apparatus of criminal law.
The institution of criminal proceedings, therefore, runs parallel to the pending civil action, both springing from an identical cause and directed towards the very same subject matter. It is this registration of the crime that has driven the aged mother and her elder daughter to the doors of this Court seeking the exercise of its extraordinary jurisdiction. 3.4. This Court, at the threshold, deemed it appropriate to interdict further proceedings by granting an interim order of stay, which continues to operate even as on date. The second respondent has, however, sought vacation of the interim protection, necessitating a fuller consideration of the rival
submissions.
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SUBMISSIONS:
PETITIONERS:
4. The
learned counsel appearing for the petitioners/the mother and the elder daughter would contend that the complainant sitting in Singapore is wanting to influence the Police here and has created complete harassment or left the mother in the lurch. At every stage, she has been harassed and has taken this Court through the photographs of certain people stalking the house or the Police interfering with the possession of the mother, notwithstanding the fact that she is 73 years old and insofar as the petitioner No.2 is concerned, the learned counsel would submit that she has nothing to do with the allegations, as she is married and resides elsewhere. Therefore, for the sake of property, which the mother was entitled to in law, the daughter has created serious problems to the mother and would therefore, submit that if this is permitted to be continued, it would become an abuse of the process of the law.
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RESPONDENTS:
5. Per contra, the learned counsel appearing for respondent No.2 would submit that the present petition is premature, as the investigation is still at a nascent stage and no prejudice would be caused to the petitioners if the investigation is permitted to continue. It is contended that petitioner No.1 sold the property in dispute without obtaining the consent of respondent No.2, despite respondent No.2 being entitled to a share in it. At the relevant point in time, respondent No.2 was residing in Singapore and was not present in India. Taking advantage of her absence, petitioner No.1 impersonated respondent No.2 and forged her signature for the purpose of effecting the transaction. The respondent No.2 has been financially supporting petitioner No.1, her mother, since the year 2018. The learned counsel would further submit that petitioner Nos.1 and 2 fabricated the document by forging the signature of respondent No.2 with the sole object of depriving her of the assets to which she was lawfully entitled. According to respondent No.2, it was only after the suit for partition was instituted that she came to know that the disputed property
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had been transferred in favour of petitioner No.1 on the strength of a document which the petitioners claim had been executed and sent by respondent No.2. On this score, the
learned counsel for the respondent No.2 would seek for dismissal of this petition and prays that the allegations of fabrication of the document and forgery of respondent No.2's signature must be thoroughly investigated.
6. The learned High Court Government Pleader appearing for the respondent No.1 would toe the lines of the
learned counsel for the respondent No.2 and submits that, if this Court would permit investigation they would investigate into the matter and file their final report, as the case would be.
7. I have given my anxious consideration to the
submissions made by the respective learned counsel and have perused the material on record.
CONSIDERATION:
8. The foundational facts are neither disputed nor capable of serious controversy, for they stand embedded in the record itself. The first petitioner is now a septuagenarian
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widow; the second petitioner is her elder daughter. The complainant is none other than the younger daughter of the first petitioner and the sister of the second petitioner. The genesis of the present lis lies not in any act of criminality, but in a family dispute over inheritance. Upon the demise of Vasantha Rangan on 07.03.2015, the estate comprising the residential property, fixed deposits, jewellery and other assets devolved upon his legal heirs. It is this estate that has become the apple of discord. The complainant, residing in Singapore and having chosen not to reside in this country for several years, first invoked the jurisdiction of the Civil Court by instituting O.S.No.5900 of 2024. The relief sought therein leaves no room for ambiguity - it is a comprehensive suit for partition and separate possession, seeking one-third share in the immovable property, fixed deposits, bank accounts, sale proceeds, postal savings and ancestral jewellery left behind by the deceased. The prayer in the suit is as follows:
"WHEREFORE, the Plaintiff humbly prays to this Hon'ble Court to pass a judgment and decree against the Defendants and pass the following reliefs:
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CNR: KAHC010007262026 NC: 2026:KHC:37443 CRL.P No. 76 of 2026
1. For partition of Schedule "A" Property by metes and bounds by allotting 1/3rd share in the Suit Schedule "A" Property to Plaintiff and put the Plaintiff separate possession of her 1/3rd Share in the Schedule "A" property. 2. For partition of Schedule "B" Properties by allotting 1/3rd share in the all the Items specified in Schedule "B" properties to the Plaintiff and put the Plaintiff in separate possession of her 1/3rd share in all items specified in Schedule "B" Properties. 3. For costs and such other reliefs as this Honorable Court may deem fit in the circumstances of this case in the interest of justice and equity."
(Emphasis added)
The suit is for partition. The properties sought for division in the partition suit are as follows:
"SCHEDULE
SCHEDULE "A" PROPERTY
All that piece and parcel of the property bearing No. 31, BBMP Katha no.
100-734-31, Situated at RMS Pvt Layout, 1st Cross, RMS Colony, Sanjay Nagar, RMV Extension, 2nd Stage, Bengaluru-94 measuring East to West: 45 feet, and North to South: 30 feet, in all measuring 1350 Square Feet,
East by : Property bearing site no. 46; West by : 40 feet Road; North by : Property bearing site no.30; South by : Property bearing site no. 32;
SCHEDULE "B" PROPERTY
MOVEABLES
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ITEM NO. 1:
Sale Consideration of Rs. 21,18,600/- (Rupees Twenty- One Lakhs Eighteen Thousand Six Hundred Only) received by the Defendant No. 1 on 19th June 2024 which is paid by way of RTGS drawn on State Bank of India,RPC Layout Branch, Bengaluru by selling her 1/5th Share in the piece and parcel of the property bearing Site No. 1162, New No. 87, PID No. 53-135-87, situated at Banashankari 1st Phase, 2nd Block, Bengaluru, measuring East to West 30+46/2 feet and North to South 27 feet, with a total measurement of 1126 square feet. ITEM NO. 2:
Sale Consideration of Rs. 4,80,000/- (Rupees Four Lakas Only) received by the Defendant No. 1 on 20th June 2024 for selling her 1/5th Share in house holdings items and fixtures situated at all that the piece and parcel of the property bearing Site No. 1162, New No. 87, PID No. 53-135-87, situated at Banashankari 1st Phase, 2nd Block, Bengaluru, measuring East to West 30+46/2 feet and North to South 27 feet, with a total measurement of 1126 square feet. ITEM NO. 3:
All the Fixed Deposits held by Late Shri. Vasantharangan during his life time and at the time of his death the total Maturity value of all Fixed Deposits was Rs. 1,10,33,199/- (Rupees One Crore Ten Lakhs Thirty- Three Thousand One Hundred and Ninety-Nine Only).
Particulars of the Fixed Deposits possessed by Late Shri. Vasantharangan are mentioned below:
BANK NAME DATE OF OPENING FD ACCOUNT DATE OF FD MATURITY MATURITY VALUE OF FD 14-09-2015 14-12-2016 1,67,041 KVB- Basavangudi Branch
18-09-2015 18-12-2016 8,45,822
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Ashok Nagar Co- Operative Bank- Banashankari 1st stage- Branch,
31-10-2015 31-01-2019 10,50,000 25-02-2016 25-02-2017 16,31,959 30-12-2014 30-12-2019 23,695 23-12-2013 23-12-2018 1,59,911 23-10-2014 23-12-2019 1,57,970 Karnataka Bank -Basavangudi Branch
26-02-2013 26-02-2018 1,59,911 21-12-2015 21-01-2020 13,96,855 06-01-2016 06-02-2020 2,99,384 29-08-2012 29-08-2017 2,50,013 12-10-2014 07-07-2017 16,00,035 04-10-2012 04-10-2017 50,001 07-02-2014 28-07-2017 2,00,031 29-08-2012 29-08-2017 5,00,010 24-08-2012 24-08-2017 2,50,013 24-08-2012 24-08-2017 5,00,010 04-10-2012 04-10-2017 50,001 05-06-2012 05-06-2017 50,001 29-08-2012 29-08-2017 5,00,010 05-06-2012 05-06-2017 50,001 29-08-2012 29-08-2017 2,50,013 National Co- operative Bank- Gandhi Bazaar Branch,
29-08-2012 29-08-2017 5,00,010 29-08-2014
29-11-2026
1,56,201
29-08-2014
29-11-2016
1,56,201
Sree Thyagaraja Co-Operative Bank - NR Colony Branch 29-08-2014
29-11-2016
78,100
Total Value of in Rs 1,10,33,199
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ITEM NO. 4:
Details of current Fixed Deposits Accounts held by Defendant No.1 and these deposits are recurringly Re- invested by Defendant No.1 after the death of her husband. The current Maturity value of all Fixed Deposits is Rs. 150,43,898/- (Rupees One Crore Fifty Lakhs Forty- Three Thousand and Eight hundred and Ninety-Eight Only).
Financial Institution /Bank F.D Account Number Deposit Date Deposit Amount Maturity Amount Maturity Date Ashoknagar Co- operative Bank 13569 11-10-2022 9,00,000 9,00,000 11-01-2025 Bank of India 849345110013437 03-01-2023 15,00,000 17,31,809 03-01-2025 Canara Bank 1429905 18-11-2023 1,40,000 1,53,706 04-02-2025 Canara Bank 857709 31-12-2022 20,00,000 22,90,487 27-10-2024 DCB Bank 08238200004459 11-01-2023 5,00,000 5,89,862 11-01-2025 DCB Bank 08238200004879 13-02-2023 5,00,000 5,89,862 13-02-2025 DCB Bank 08238200004886 13-02-2023 5,00,000 5,89,862 13-02-2025 DCB Bank 08238200004664 31-01-2023 5,00,000 5,89,862 31-01-2025 DCB Bank 08238200004442 11-01-2023 5,00,000 5,89,862 11-01-2025 Equitas 300006016296 09-01-2023 5,00,000 5,89,862 15-06-2025 Equitas 300006498141 14-03-2023 4,00,000 4,00,000 18-08-2025 Equtias 300002345908 15-03-2023 6,05,565 7,46,650 19-08-2025 Karnataka 578353 19-10-2022 2,18,533 2,45,016 26-04-2024
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Bank Karnataka Bank 578354 19-10-2022 23,95,904 26,86,254 26-04-2024 Karnataka Bank 578355 19-10-2022 2,04,687 2,29,492 26-04-2024 Karur Vysya Bank N729271 12-09-2023 2,64,596 2,91,313 29-11-2024 Karur Vysya Bank N729272 12-09-2023 13,39,723 14,74,982 29-11-2024 Sree Thyagaraja Co- operative Bank Ltd. 0032963 28-11-2023 2,66,988 2,96,587 28-02-2025 Sree Thyagaraja Co- operative Bank Ltd. 0032961 02-01-2024 1,33,493 1,48,292 28-02-2025 Total Value in Rs. 1,33,69,489 1,50,43,898
ITEM NO. 5:
Savings bank account held by the Defendant No. 1 in State Bank of India and the balance of said account is approximately Rs. 20,00,000/- (Rupees Twenty Lakhs Only). The account details of the said Savings Account not known to the Plaintiff and there is no means and ways to get the said account details. ITEM NO. 6:
Postal Savings Scheme Account held by the Defendant No. 1 which has value of approximately Rs. 50,00,000/- (Rupees Fifty Lakhs Only). The account details of the said Postal Savings Scheme is not known to the Plaintiff and there is no means and ways to get the account details of the postal saving scheme. - 15 -
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ITEM NO. 7:
Ancestral gold ornaments items weighing a total of 600 grams an its valuation based on the present market value is around Rs 44,00,000/(Rupees Forty-Four Lakhs Only).
Particulars of the gold ornaments are mentioned below:
Items
Quantities
a) Mangalya Gold Chain
01
b) Neck Chain
04
c) Necklace
02
d) Hand Chain
01
e) Gold Bangles
07
f) Finger Rings
06
g) Ear Rings (Jumkis)
04
ADVOCATE FOR PLAINTIFF
PLAINTIFF
BENGALURU
DATE: 17/08/2024
VERIFICATION
I, M. V Shruthi, the Plaintiff herein do hereby declare that what is stated above in paragraph nos. 1 to 30 are true and correct to the best of my knowledge, information, and belief."
(Emphasis added)
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The plaint itself demonstrates that the controversy is one concerning devolution of property and accounting of assets left by the deceased. Schedule 'A' enumerates the residential house sought to be partitioned, while Schedule 'B' painstakingly catalogues every conceivable movable asset - from sale proceeds of ancestral properties to fixed deposits, bank accounts, postal savings and even gold ornaments allegedly weighing nearly six hundred grams. The relief sought is quintessentially civil in character, inviting adjudication upon questions of succession, inheritance, title and entitlement. These are matters which have, for centuries, lain within the exclusive province of Civil Courts. Indeed, the suit remains pending adjudication before the competent Court. 9. Against this backdrop, the simultaneous invocation of criminal jurisdiction on the very same factual foundation assumes considerable significance. What is essentially a dispute over inheritance appears to have been clothed in the garb of criminality. The criminal process cannot be permitted to become a surrogate for civil remedies, nor can it be
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employed as an instrument of pressure to secure an advantage in a pending partition suit. Criminal law exists to punish offences against society; it is not designed to tilt the scales in private disputes over family property.
When the gravamen of the dispute unmistakably lies in the realm of civil rights, the criminal justice system must remain insulated from being deployed as a weapon of familial coercion. 10. The institution of the civil suit is followed, almost as if by design, by the registration of the impugned crime. The timing is too striking to escape judicial notice. What had already entered the portals of the competent Civil Court as a dispute concerning succession and partition is suddenly sought to be transformed into a criminal offence. 11. The gravamen of the accusation is that, upon the demise of her husband, the petitioner, the widow and mother of the complainant, had the khatha of the property transferred to her own name. Prima facie, the act is one that the law itself would recognize as neither extraordinary nor inherently unlawful. A widow succeeding to the estate of her deceased husband and securing mutation of municipal records in her
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favour is but a consequence flowing from law and not an act inviting criminal sanction. 12. After the institution of the suit comes the impugned crime. The crime is registered on the score that the mother has taken khatha in her name on the death of her husband. It is obvious in law that she would be entitled to. Nonetheless, the unauthorised transfer of khatha is projected to become a crime by registering one on 23.10.2025. The complaint reads as follows:
"To, The Circle Inspector, Sanjaynagar Police Station, Bengaluru - 560094. Subject: Complaint regarding fraudulent documents, forged signature, and unauthorized transfer of Pouthi Khata and other illegal activities. Respected Sir/Madam,
I, Shruthi M.V., wife of Shriram C. K., aged 48 years, am a citizen of India and have been a permanent resident of Singapore since December 2009. The property bearing EPID No. 8375690014, situated at 31, RMS Colony, 1st Cross, Sanjaynagar, Bengaluru - 560094, was in the name of my late father.
After his demise on 07 March 2015, my mother, Smt. Mythili M.V. (Phone: +91- 9886496760) and my sister Smt Smitha MV (Phone: +91-7348931605), submitted documents
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to the BBMP office and got the Pouthi Khata transferred to my Mothers name. For this Pouthi Khata transfer, an affidavit allegedly bearing my signature was submitted to the Assistant Revenue Officer (ARO), BBMP. However, I have never executed or signed any such affidavit. The signature appearing on the said document is completely forged. This can be clearly verified by comparing it with my signature in my passport. As per the records, the Pouthi Khata transfer date is 05 January 2016. At that time, I was residing in Singapore. I am enclosing a copy of my passport as proof, showing my India entry and exit dates as follows:
- 03 March 2015 to 10 March 2015 - 08 April 2016 to 18 April 2016
Hence, it is evident that I was not in India on 05 January
2016. Accordingly, my mother, Smt. Mythili M.V. and my sister, Smt Smitha M.V., have used forged documents and a falsified signature to transfer the Pouthi Khata of the said property into my mothers name. Further, I have already filed a civil suit against my mother, Smt. Mythili M.V., and my sister, Smitha M.V., before the Bengaluru Civil Court under O.S. No. 5900/2024. The said case pertains to the unauthorized transfer of my late father's property and the denial of my rightful share, as described below:
1. My mother has transferred my late father's fixed deposits held in banks (amounting to around 2.65Crores) and post offices to her own name and has made my sister the nominee. Thereby cheating me. - 20 -
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2.
She has also sold my grandmother's (father's mother's) ancestral property in June 2024, without informing me or giving me my due share. Additionally, since my mother and sister are attempting to sell the above-mentioned property (EPID 8375690014, 31 RMS Colony, 1st Cross, Sanjaynagar), I wrote the O.S. case number on the compound wall of the said property on 22 September 2025. However, the writing was erased on 25 September 2025. I am enclosing photographic evidence of the same. Therefore, considering all the above evidence, I humbly request you to conduct a thorough investigation and take appropriate legal action against Smt. Mythili M.V. and Smitha M. V. for preparing forged documents, using a falsified signature, fraudulently transferring the Pouthi Khata, and engaging in other illegal activities."
(Emphasis added) The lodging of the complaint marks not the commencement of a criminal investigation alone, but, according to the petitioner, the beginning of relentless persecution. The seventy-three year old mother, alleges that strangers resembling hired musclemen frequented her residence, that repeated visits by the police instilled fear rather than confidence, and that the machinery of criminal law had become an instrument of intimidation rather than protection. Distressed by what she perceived to be an orchestrated campaign of harassment, she approached the Commissioner of Police on the very same day, narrating a tale of fear, coercion and abuse of authority. Her complaint paints a
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picture of an elderly widow living alone, besieged by threats emanating not merely from familial discord but, according to her, from the active involvement of police personnel and unknown persons acting at the behest of the complainant. The tenor of her representation leaves little room for doubt that she apprehended not merely litigation but an imminent threat to her life and dignity. The complaint addressed to the Commissioner reads thus:
"From,
Date:23/10/2025
Smt. M. V. Mythil, By Hand, wife of Late Sri. Vasantha Rangan.
aged 72 years, residing at 31, 1st Cross, RMS Colony, Near Bank of India, Sanjaynagar, R.M.V. Extension, 2nd Stage, Bengaluru -560 094. Mobile No. 98864 96760. To,
The Police Commissioner, No. 2, Ali Aske4r Road, Vasanth Nagar, Bengaluru 560 001. Respected Madam/Sir,
Subject: 1) Sanjaynagar Police Inspector, (Name unknown) trespassed my house without any notice, and
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threatened me of dire consequences. 2) My daughter Smt. Shruthi, (having Singapore Phone Number +65 94520756) along with her husband Sri. Shriram CK (having Singapore Phone Number +65 92362816) both residing at No.18, Holland Hill, 11-22 Parvis, Singapore 278746, and having Bengaluru address at No. 504, 13th Cross, ISRO Layout, Bengaluru -560078, and other 4 Gunda people trespassing my house without any notice and threaten me. 3) Unknown 4 Gundas came in 2 wheelers, trespassed my house by writing case number on my compound wall without court
order. Sir, I the above named is living alone in the above address since 2016. Briefly, I would like to bring to your kind notice the following incident. 1) My husband Late Sri. Vasantha Rangan, died intestate, living behind me and our 2 daughters 1) Smt. Smitha and 2) Smt. Shruthi as his legal hairs. 2) The house which I am residing belongs to my husband and now I am the Khatha holder of this property. 3) My elder daughter Smt. Smitha living happily at her matrimonial house with her husband and children at No.120, 1 main, 5th Cross, Soundarya Layout, Bengaluru - 560073
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4) My younger daughter Smt. Sruthi is residing at her Matrimonial House with her husband Shriram C K, and her Children at No.18, Holland Hill, 11-22 Parvis, Singapore-278746. 5) My younger daughter has filed a partition suit in O.S. No. 5900/2024, in the Court of Hon'ble XXXVIII AddI., City Civil and Session Judge, Bangalore, CCH 36, against me and my elder daughter claiming the present house, my gold jewellery and FD (Fixed Deposit) money of my husband. Attached Screenshots case details taken from the ecourt app, as Annexure No. 1
6) In concern to the property she is constantly harassing and threatening me and my elder daughter Smt. Smitha, over phone calls. 7) My younger daughter Smt. Shruthi, many time threaten me over the phone of kick me out of the house. She keeps calling me and abuse me with filthy langue and harasses me mentally, her behaviour is making me metal disturb, my health is detouring day by day. Many time she has threaten me of pensioning me and kill me if I don't give the property to her. I'am living my life with a fear. As the partition suit is running I didn't initiate any legal actions against her, as she was staying in Singapore and I thought I am safe. 8) On October 22, 2025, I was shocked with the incident at around 02:30pm, I saw some 4 unknown people who looked like Gundas came near my house trespassed and wrote case number on my house compound without court notice.
When I enquired them they replied that my younger daughter Smt Shruti as instructed them to write this on the House Compound and have given money for it and they also told me that she has instructed them to kick me out of the house if I object them to write the O.S Number on the Compound. They also made fearful face on
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me and left my place. I have taken photos in my mobile and have attached here as Annexure No. 2. As I was alone I didn't know what to do. 9) Yesterday i.e., 22/10/2025 at around 6pm in the evening, my younger daughter along with her husband, a lady dressed up with a Police uniform and intruding herself as a police inspector, Sanjaynagar, Bengaluru, and 4 other unknown people who looks like Gundas came inside my compound and threatened me. 10) When I enquired the police why she has come near my place she shouted at me to go inside, and if I stay there she shall initiate criminal case on me. I took so courage and somehow was able to take pictures of them. Herewith I am attaching all the photographs taken from my mobile as Annexure No. 3. 11) Yesterday I tried calling Human Rights helpline and Senior Citizen Helpline, where I could not get connected to it. Sir, in this old age, I am leading my life with fear. I have a threat to my life from the Police Inspector (name unknown), Sanjaynagar, Bengaluru, my younger daughter Smt. Shruthi, her husband Sri. Shriram C K, and 7 to 8 unknown persons who looks like Gundas. My Police Station Jurisdiction, are Sanjaynagar Police Station, Bengaluru, and this Police station, Police Inspector is already colliding with my younger daughter Smt. Shruthi and her husband Sri.
Shriram C K and other 7 to 8 Gundas, So I can't go and file my complaint, and my grievance there and ask protection, from them. So with no other alternative I am filing this complaint, I hereby request you to kindly initiate an investigation and take strict criminal action against the Police Inspector
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CNR: KAHC010007262026 NC: 2026:KHC:37443 CRL.P No. 76 of 2026
(name unknown), Sanjaynagar, Bengaluru, my younger daughter Smt. Shruthi, her husband Sri. Shriram, and 7 to 8 unknown persons who looks like Gundas. I request urgent attention and action on this matter to prevent further - life threatening harassment, mental traumas and agony which is detouring my health from the above people. Thanking you in anticipation." (Emphasis added) The narrative does not end there. The family discord appears only to have intensified. The petitioner asserts that the complainant continued to engage with the police, resulting in further commotion in the vicinity of her residence. Left with no immediate succour, the petitioner turned to the Elders Helpline 1090 maintained under the aegis of the Bengaluru City Police and the Nightingales Medical Trust, seeking intervention and protection befitting a senior citizen living in isolation. Her complaint was duly acknowledged and assigned a reference number. The call recording reads as follows:
"ELDERS HELPLINE 1090
(A joint project of Bangalore City Police and Nightingale's Medical Trust)
Office of the Commissioner of Police Command center ground Floor #01 Ali asker road, Bangalore-560001 Ph.080-23352833/8095001090/9243737230
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CNR: KAHC010007262026 NC: 2026:KHC:37443 CRL.P No. 76 of 2026
Dear Sir/Madam
Date:23/10/2025
We have received a Written Complaint from Mr. / Ms. M.V. Mythili and your reference number is WC:6779 kindly quote this number in all future correspondence / call. Thanking You." (Emphasis added) Even thereafter, the petitioner did not remain idle.
She approached the Karnataka State Human Rights Commission, placing before it photographs and supporting material to demonstrate the manner in which she claimed to have been harassed. Yet, despite these repeated cries for intervention, no meaningful action appears to have been initiated on her grievances. The investigative zeal of the police remained singularly directed towards the complaint of the second respondent. This, in the considered view of the Court, ought never to have culminated in the registration of a criminal case in the first place. 13. The entire controversy, shorn of embellishments, is unmistakably rooted in a dispute over inheritance and partition - a domain where the civil law reigns supreme. The suit in
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O.S.No.5900 of 2024 was already pending before the competent Civil Court, wherein the parties were seeking adjudication of their respective proprietary rights. Once the dispute had entered the exclusive province of the civil forum, the intervention of the police by setting the criminal law in motion amounted to an unwarranted intrusion into what is essentially a private familial dispute. Criminal law cannot be permitted to become a weapon in aid of civil claims or a lever to secure bargaining power in a pending partition suit. 14. If the second respondent believes herself entitled to a share in the estate of her late father, the law has already provided her with the appropriate avenue, and she has, in fact, invoked it by instituting O.S.No.5900 of 2024. That remedy must run its course. What cannot receive the imprimatur of this Court is an attempt to compel an aged mother and an elder sister to yield to such claims by invoking the coercive machinery of criminal law. Courts cannot permit the majesty of criminal jurisprudence to be reduced to an instrument of pressure in aid of civil remedies. The
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CNR: KAHC010007262026 NC: 2026:KHC:37443 CRL.P No. 76 of 2026
facts of the case, at least prima facie, present a compelling foundation for the petitioner to contemplate proceedings for malicious prosecution against her own daughter, who appears to have enlisted the assistance of the police to subject her seventy-three year old mother to avoidable criminal prosecution over a dispute that is manifestly civil in complexion. Whether such proceedings are to be instituted is a matter resting entirely within the mother’s (petitioner No.1) discretion. Suffice it to observe that the continuance of the present criminal proceedings, founded as they are upon a dispute already pending before the Civil Court, would constitute nothing but an abuse of the process of law and cannot be permitted to survive even for a fleeting moment.
15. For the aforesaid reasons, the following:
ORDER
(i) Criminal petition is allowed. (ii) The investigation in crime No.182 of 2025 pending on the file of VIII Additional Chief
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CNR: KAHC010007262026 NC: 2026:KHC:37443 CRL.P No. 76 of 2026
Judicial Magistrate Court at Bengaluru, qua the petitioners, stands quashed.
Sd/- (M.NAGAPRASANNA) JUDGE
JY List No.: 2 Sl No.: 6