- 1 - HC-KAR NC: 2026:KHC:14555 CRL.P No. 1175 of 2019 C/W CRL.P No. 1176 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ CRIMINAL PETITION NO. 1175 OF 2019 C/W CRIMINAL PETITION NO. 1176 OF 2019 IN CRL.P No. 1175/2019 BETWEEN: 1. H.T. SOMASHEKAR REDDY S/O THIMMARAYAPPA, AGED ABOUT 84 YEARS EX-PRESIDENT KARNATAKA REDDY JANA SANGHA, R/AT NO.1138, 21ST CROSS, 14TH MAIN, 3RD SECTOR, OPP: BDA COMPLEX, HSR LAYOUT, BENGALURU-560 102 AND ALSO R/AT NO. 1ST CROSS MAHAYOGI VEMANA ROAD 16TH MAIN, 3RD BLOCK, KORMANGALA, BANGALORE - 560 102. 2. LOKESH REDDY S/O RAMA REDDY, R/AT HALANAYAKANAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, BANGALORE-560 037. Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14555 CRL.P No. 1175 of 2019 C/W CRL.P No. 1176 of 2019 3. MUNI REDDY M S/O MUNISWAMY REDDY AGED ABOUT 64 YEARS EX-TREASURER KARNATAKA REDDY JANA SANGHA R/AT NO.781, 9TH MAIN ROAD, 3RD BLOCK, KORAMANGALA, BENGALURU-560 102. 4. N RAMASWAMY REDDY S/O NARASA REDDY AGED ABOUT 70 YEARS EX-GENERAL SECRETARY, KARNATAKA REDDY JANA SANGHA R/AT NO.586, 12TH CROSS, 2ND PHASE, J.P NAGAR, BENGALURU-560 078. AND ALSO R/AT NO. 1 MAHAYOGI VEMANA ROAD 16TH MAIN, KORAMANGALA, 3RD BLOCK KORAMANGALA, BANGALORE - 102. …PETITIONERS (BY SRI. MALLA REDDY B V., ADVOCATE) AND: 1. STATE BY PARAPPANA AGRAHARA POLICE STATION, RESPTD BY SPP HIGH COURT OF KARNATAKA BENGALURU CITY - 560 100. 2. THOMAS T KOLOTH S/O THOMAS, R/AT NO.181/3, 1ST "B" MAIN, - 3 - HC-KAR NC: 2026:KHC:14555 CRL.P No. 1175 of 2019 C/W CRL.P No. 1176 of 2019 O.M.B.R LAYOUT, CHIKKABANASAWADI, BENGALURU-560 043. …RESPONDENTS (BY SRI. M.R. PATIL., HCGP FOR R1; R2 SERVED) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE CHARGE SHEET IN CR.NO.239/2010 IN C.C.NO.3488/2016 ON THE FILE OF THE IX A.C.M.M., BANGALORE AGAINST THESE PETITIONERS FOR THE OFFENCES P/U/S 143,147,341,427,323,506 R/W 149 OF IPC BY ALLOWING THIS PETITION. IN CRL.P NO. 1176/2019 BETWEEN: 1. LOKESH REDDY S/O RAMA REDDY AGED 47 YEARS, R/AT HALANAYAKANAHALLI VILLAGE, VARTHUR HOBLI BANGALORE EAST TALUK BANGALORE-560037. 2. MUNI REDDY S/O LATE RAMASWAMY REDDY AGED 59 YEARS, C/O KARNATAKA REDDY JANA SANGHA R/AT CA SITE NO.1, MAHAYOGI VEMANA ROAD 3RD BLOCK, KORAMANGALA BENGALURU-560102. AND ALSO 1ST CROSS, 100 FEET ROAD, - 4 - HC-KAR NC: 2026:KHC:14555 CRL.P No. 1175 of 2019 C/W CRL.P No. 1176 of 2019 KORAMANGALA, BANGALORE-560102. ...PETITIONERS (BY SRI. MALLA REDDY B V., ADVOCATE) AND: 1. STATE BY PARAPPANA AGRAHARA POLICE STATION REPTD BY SPP HIGH COURT OF KARNATAKA BENGALURU CITY PIN - 560 100. 2. THOMAS T KOLOTH S/O THOMAS AGED ABOUT 54 YEARS, R/AT NO.181/3, 1ST 'B' MAIN O.M.B.R. LAYOUT CHIKKABANASAWADI BENGALURU-560043. ...RESPONDENTS (BY SRI.M.R. PATIL., HCGP FOR R1; R2 SERVED) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE CHARGE SHEET IN CR.NO.189/2010 PARPAPANA AGRAHARA P.S., BANGALORE IN C.C.NO.17495/2012 ON THE FILE OF THE IX A.C.M.M., BANGALORE AGAINST THESE PETITIONERS FOR THE OFFENCES P/U/S 447,427 R/W 34 OF IPC. THESE PETITIONS, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ - 5 - HC-KAR NC: 2026:KHC:14555 CRL.P No. 1175 of 2019 C/W CRL.P No. 1176 of 2019 ORAL ORDER In Crl.P.No.1176/2019, the petitioners have challenged the charge sheet filed against them by the respondent No.1 in C.C.No.17495/2012 for the offences punishable under Sections 447, 427 read with Section 34 of the Indian Penal Code (henceforth referred to as ‘IPC’) and the order dated 01.8.2012 taking cognizance of offences and issuing process. 2. In Crl.P.No.1175/2019, the petitioners have challenged the criminal proceedings initiated against them by the respondent No.1 in C.C.No.3488/2016 for the offences punishable under Sections 143, 147, 447, 341, 427, 323, 506 read with Section 149 of IPC. 3. (i) The respondent No.2 in both these petitions claims to be the brother of one Sri.R.Sulajan, who is working in the Indian Army. He informed the respondent No.1 on 22.06.2010 that the petitioners in Crl.P.No.1176/2019 had trespassed into a property belonging to his brother and had demolished a compound put up around the site and thereby caused loss of Rs.2,00,000/-. The respondent No.1 registered - 6 - HC-KAR NC: 2026:KHC:14555 CRL.P No. 1175 of 2019 C/W CRL.P No. 1176 of 2019 Crime No.189/2010 for the offences punishable under Sections 447, 427 read with Section 34 of the IPC. (ii) Later, the respondent No.2 again informed the respondent No.1 on 13.08.2010 that the petitioners in Crl.P.No.1175/2019 had trespassed into property of his brother and stated that after he lodged a complaint on 22.06.2010, he visited the site and was attacked with steel rods and pipes on his head, chest, abdomen, thighs etc. and forcibly bundled into a vehicle, which the accused/petitioners drove towards HSR Layout where they stopped for sometime and threatened him of his life and did not permit him to even make calls from his mobile or receive calls. They thereafter drove the vehicle towards HSR police station and took him inside the HSR police station. At the police station, he was called upon to furnish his documents of title for verification. The respondent No.2 claimed that since he was tired and upset and had suffered injuries in the incident, he returned home and the next day, he approached the respondent No.1 and informed respondent No.1 about the assault on him. - 7 - HC-KAR NC: 2026:KHC:14555 CRL.P No. 1175 of 2019 C/W CRL.P No. 1176 of 2019 (iii) He claimed that the petitioners in Crl.P.No.1175/2019 tried to encroach into his property and grab it and was not honouring the Court order. Based on this information, the respondent No.1 registered Crime No.239/2010 for the offences punishable under Sections 143, 145, 447, 341, 427, 323, 363, 506 read with Section 149 of IPC. The respondent No.1 thereafter took up investigation in both the cases separately and after drawing relevant mahazars and recoding the statement of relevant witnesses, filed separate charge sheets in both the cases. The trial Court took cognizance of the offences mentioned above and issued process. The petitioners being aggrieved by the criminal proceedings initiated against them in the aforementioned cases are before this Court. 4. Learned counsel for the petitioners contended that all the petitioners represent Karnataka Reddy Jana Sangha, which was granted 22 acres, 23 guntas of land in Sy.Nos.26 and 27 of Kasavanahalli Village, Vartur Hobli, Bengaluru, for the purpose of construction of a Medical College. He contends that the respondent No.2 was trying to locate his property in - 8 - HC-KAR NC: 2026:KHC:14555 CRL.P No. 1175 of 2019 C/W CRL.P No. 1176 of 2019 the property that was granted to the Karnataka Reddy Jana Sangha and therefore the petitioners had to stop the unlawful construction put up in their property. He submits that the respondent No.1 without going into these facts has arbitrarily filed a charge sheet alleging offences punishable under Sections 447, 427 read with Section 34 of IPC and Sections 143, 145, 447, 341, 427, 323, 363, 506 read with Section 149 of IPC. He therefore submits that this is a clear case of the abuse of the process of law and the charge sheet filed is unconscionable as the respondent No.2 is already before the Civil Court in O.S.No.323/2010. He therefore prays that the impugned prosecution of the petitioners be set at naught. 5. The respondent No.2 though served with a notice has not appeared. 6. The learned High Court Government Pleader on the other hand contended that the respondent No.2 had alleged that he was bundled up in a vehicle belonging to the petitioners in Crl.P.No.1175/2019 and that they took him towards HSR layout and thereafter to the HSR police station, where he was called upon to furnish documents of title of his property. He - 9 - HC-KAR NC: 2026:KHC:14555 CRL.P No. 1175 of 2019 C/W CRL.P No. 1176 of 2019 contends that the fact that the respondent No.2 was forcibly taken in a vehicle and brought to the police station itself established an offence punishable under Section 363 of IPC. He also contends that the respondents had claimed that the petitioners in Crl.P.No.1175/2019 had threatened to do away with his life and therefore, offences under Sections 506, 143, 145 read with Section 149 of IPC was made out. He also contends that the petitioners in Crl.P.No.1175/2019 had trespassed into the property of the respondent No.2 and hence an offence under Section 447 of IPC, was made out and hence the charge sheet was filed against the petitioners. He submits that the trial Court after perusing the material collected by the investigating officer has taken cognizance and issued process, which is just and proper and do not warrant any interference. 7. I have considered the submissions of the learned counsel for the petitioners and the learned High Court Government Pleader for the State. 8. It appears from the records produced along with the criminal petitions that Karnataka Reddy Jana Sangha was also granted some land in Sy Nos.26 and 27 of Kasavanahalli - 10 - HC-KAR NC: 2026:KHC:14555 CRL.P No. 1175 of 2019 C/W CRL.P No. 1176 of 2019 Village. It appears that there is a dispute between the petitioners, who represent the Karnataka Reddy Jana Sangha as well as the respondent No.2 over certain property. The petitioners contend that the respondent No.2 was trying to locate his site in the property that was allotted to Karnataka Reddy Jana Sangha. Therefore, the respondent No.1 instead of considering the complaint lodged by the respondent No.2 from this perspective, has unilaterally proceeded to hold that the petitioners had committed offences punishable under Sections 447, 427 and read with Section 34 of IPC and under Sections 143, 145, 447, 341, 427, 323, 363, 506 read with Section 149 of IPC. 9. In order to sustain the claim for an offence under Sections 323 or 363 of IPC, the investigating officer has not secured any documents from the respondent No.2. In addition, it is stated that the respondent No.2 is already before the Civil Court in O.S.No.323/2010 to protect his possession of the property claimed by him. Therefore, the respondent No.1 ought to have tread slow before filing a charge sheet, as the facts presented in the information furnished by the respondent - 11 - HC-KAR NC: 2026:KHC:14555 CRL.P No. 1175 of 2019 C/W CRL.P No. 1176 of 2019 No.2 indicated that the parties were vying over property and hence was a civil dispute triable by the Civil Courts. The respondent No.1 could not have filed a charge sheet affirmatively stating as to how the respondent No.2 is the owner and that the Karnataka Reddy Jana Sangha is not the owner of the property. Therefore, as rightly contended by learned counsel for the petitioners this was essentially a civil dispute that had to be adjudicated before the Civil Court and not before the jurisdiction police. 10. In that view of the matter, the following order is passed: ORDER i. These petitions are allowed. ii. The impugned prosecution of the petitioners in C.C.No.3488/2016, on the file of the IX Additional Chief Metropolitan Magistrate, Bangalore City, for the offences punishable under Sections 143, 147, 447, 341, 427, 323, 506 read with Section 149 of IPC and the impugned prosecution of the petitioners in - 12 - HC-KAR NC: 2026:KHC:14555 CRL.P No. 1175 of 2019 C/W CRL.P No. 1176 of 2019 C.C.No.17495/2012, on the file of the IX Additional Chief Metropolitan Magistrate, Bangalore City, for the offences punishable under Sections 447, 427 read with Section 34 of IPC are quashed. Sd/- (R. NATARAJ) JUDGE BKN List No.: 1 Sl No.: 13