Criminal Petition No. 12033 of 2023 · The High Court
Case Details
- 1 - NC: 2025:KHC:17193 CRL.P No. 12033 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12033 OF 2023 (482(Cr.PC) / BETWEEN: 528(BNSS)) G. RAJAMMA, W/O LATE GURUVA REDDY, AGED ABOUT 72 YEARS, R/A B-16, BHARAT REGION, ANAND NAGAR, OPPOSITE TO KALAMANDIR, MARATHAHALLI, BENGALURU – 560 037. PREVIOUSLY RESIDING AT NO.1646, RAJA ILLAM, 1ST CROSS – GYATRI SCHOOL, VIJINAPURA, BANGALORE NORTH, DOORVANINAGAR, BENGALURU, BENGALURU NORTH – 560 016. (BY SRI. INDRA DHANUSH M A., ADVOCATE) AND:
Legal Reasoning
1. STATE OF KARNATAKA, BY THE POLICE OF HULIMAVU POLICE STATION, BANGALORE CITY, STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE – 560 001. Digitally signed by LAKSHMI T Location: High Court of Karnataka …PETITIONER - 2 - NC: 2025:KHC:17193 CRL.P No. 12033 of 2023 2. A. UDAYA KUMAR @ VIJAYA KUMAR, S/O ABBAYYA, AGED ABOUT 62 YEARS, NO.2247, 15TH CROSS, 22ND MAIN, H.S.R. LAYOUT, BENGALURU – 560 102, MOBILE NO. 9448419880. …RESPONDENTS
Legal Reasoning
(BY SMT.RASHMI PATEL, HCGP FOR R1; SRI.RAMAKRISHNAIAH A.N., ADVOCATE FOR R2) THIS CRL.P. IS FILED U/S.482 OF CR.P.C., PRAYING TO QUASH THE PROCEEDINGS IN SPL.C.NO.914/2022 FOR THE ALLEGED OFFENCE P/U/S 3(1)(r), 3(1)(s), 3(2)(v-a) OF SC/ST ACT 1989 AND SEC.504, 506 R/W 34 OF IPC NOW PENDING BEFORE THE LEARNED LXX ADDL.CITY CIVIL AND SESSIONS JUDGE AND SPL.JUDGE AT BENGALURU CCH-71 IN SO FAR AS THE PETITIONER IS CONCERNED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER The proceedings pending in Spl.C.No.914/2022 on the file of the learned LXX Additional City Civil & Sessions Judge and Special Judge at Bengaluru (CCH-71) is called in question in this petition, preferred under Section 482 of Cr.P.C. - 3 - NC: 2025:KHC:17193 CRL.P No. 12033 of 2023 2. On a complaint lodged by respondent No.2, a case in Cr.No.41/2022 was registered at Hulimavu Police Station against the petitioner/accused No.1 and others for offences punishable under Sections 3(1)(g), 3(1)(r), 3(1)(s), 3(2)(5a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance, 2014 and Sections 504, 447 of IPC. 3. On completion of investigation, the charge sheet has been filed against the petitioner and another accused under Sections 3(1)(r), 3(1)(s), 3(2)(v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short SC/ST (PoA) Act) and Sections 504, 506 read with Section 34 of IPC. 4. As per complaint averments, the property bearing Katha No.236/222/199/6/1-86 measuring 40x57+63 situated at Nyanappanahalli, Bengaluru South Taluk is in the joint name of the complainant, Manjunath and one Sathyendra Kumar. On 29.12.2021, some one informed the complainant that certain people have unloaded bricks in the said Site, as such all the three went to the police station to complain and showed the - 4 - NC: 2025:KHC:17193 CRL.P No. 12033 of 2023 relevant documents to the Police. They were advised to conduct proper survey and to resolve the matter. On 30.12.2021, during night hours, complainant was informed that the petitioner and others have constructed a compound wall illegally in complainant's Site and the adjacent Site Nos.86 and 87 and therefore, he along with Manjunath and Sathyendra Kumar went to the spot and questioned the petitioner and others who were present. It is alleged that at that time, they abused the complainant, Manjunath and Sathyendra Kumar in filthy language referring to their caste and insulted them etc. 5. The charge sheet is filed against the petitioner for offences punishable under Sections 3(1)(r), 3(1)(s), 3(2)(v-a) of the SC/ST (PoA) Act, 1989 and Sections 504, 506 read with Section 34 of IPC and against accused No.2 for offences punishable under Sections 504, 506 read with Section 34 of IPC. The charge sheet was not filed against accused No.2 under the provisions of the SC/ST (PoA) Act, 1989, since the said accused is also a member of scheduled caste. 6. According to the petitioner, she is the true and lawful owner, who is in peaceful possession of the property - 5 - NC: 2025:KHC:17193 CRL.P No. 12033 of 2023 bearing vacant residential site Nos.76 to 79 and she had erected compound wall around her properties way back in the year 2004. It is her case that respondent No.2 and his aides are claiming themselves to be the owners of Site adjacent to Site Nos.86 and 87, which is not covered even under the boundaries of the petitioner's sites. In the year 2018, petitioner has procured an order of permanent injunction against a person who had illegally trespassed her property, in O.S.No.380/2018. It is the case of the petitioner that by raising a civil dispute, a false and frivolous complaint was lodged against her after enormous delay and allegations are vague and baseless. 7. Learned counsel appearing for respondent No.2 vehemently contended that the petitioner along with accused No.2 trespassed into the complainant's property and constructed a compound wall and when it was questioned, both the accused have abused the complainant in filthy language referring to his caste and insulted him. He contended that in view of the averments in the complaint, there is a prima-facie case against the petitioner, which is further substantiated by - 6 - NC: 2025:KHC:17193 CRL.P No. 12033 of 2023 the charge sheet filed by the Police. He therefore, sought to dismiss the petition. 8. As per complaint averments, on 30.12.2021 during night hours, after complainant came to know that the petitioner and others have constructed a compound wall in his Site as well as in Site Nos.86 and 87, he along with Manjunath and Sathyendra Kumar went to the spot and questioned the petitioner and others who were present and at that time, they were abused by them in filthy language referring to their caste and insulted them. 9. While registering the FIR, Section 447 of IPC was invoked, however, while filing charge sheet, the said Section was deleted. Though it is alleged by the complainant that the accused trespassed into his Site and constructed a compound wall, Section 447 of IPC have been dropped in the charge sheet as there was no material found by the Investigation Officer to invoke the said Section. Therefore, it cannot be said that the petitioner and others have trespassed into the property of the complainant and constructed the compound wall. - 7 - NC: 2025:KHC:17193 CRL.P No. 12033 of 2023 10. According to the complainant, during night hours, he went to the alleged spot along with Manjunath and Sathyendra Kumar and at that time, the petitioner and few others were present. Omnibus allegations are made that all of them abused the complainant in filthy language taking the name of his caste and insulted him. Though it is alleged that along with the petitioner, there were several others, the charge sheet is filed against the petitioner and one more accused. What is relevant to be seen is that though the incident according to the complainant took place on 30.12.2021, complaint is lodged on 08.02.2022 i.e., after an inordinate delay of 37 days. There is absolutely no reason forthcoming in the complaint for the said inordinate delay in lodging the complaint. It appears that civil dispute has been given a colour of criminal texture and this Court finds that the basic ingredients that would constitute the commission of offence alleged is lacking. The inordinate delay in lodging the complaint gives rise to doubt in respect of genuineness of the complaint allegations. Further, omnibus allegations are not sufficient to constitute the offence alleged. Therefore, the - 8 - NC: 2025:KHC:17193 CRL.P No. 12033 of 2023 proceedings initiated against the petitioner is an abuse of process of the Court. Hence, the following:
Decision
ORDER i. Petition is allowed. ii. The entire proceedings in Spl.C.No.914/2022 on the file of the learned LXX Additional City Civil & Sessions Judge and Special Judge at Bengaluru (CCH-71) is quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE SMJ List No.: 1 Sl No.: 21