Karnataka High Court
Nagaraj. R vs State Of Kodigehalli Police Station on 27 November, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2023:KHC:43462
CRL.P No. 5194 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 5194 OF 2022
BETWEEN:
1. NAGARAJ. R
S/O RAMAIAH
AGED ABOUT 66 YEARS,
R/O NO.20, MARUTHINILYA
2ND A CROSS, VIRUPAKSHIPURA
VIDYARANAPURA POST
BANGALORE-560 097.
2. SHRINGESHWARA H M
S/O LATE H S MAHABALAIAH
AGED ABOUT 68 YEARS,
CHAIRMAN, VICE PRESIDENT
NTI HOUSING CO OP SOCIETY LTD
NO.84, SUN SMILE I FLOOR,
SERPENTINE ROAD
KUMARA PARK WEST
Digitally signed by B
BANGALORE-560 020.
K
MAHENDRAKUMAR
Location: HIGH 3. RAMAKRISHNA REDDY
COURT OF
KARNATAKA S/O M N NARAYANAPPA
AGED ABOUT 69 YEARS, VICE PRESIDENT
NTI HOUSING CO OP SOCIETY LTD
NO.84, SUN SMILE, I FLOOR,
SERPENTINE ROAD, KUMARA PARK WEST
BANGALORE-560 020.
4. NAGARAJ B
S/O LATE BASAPPA
AGED ABOUT 62 YEARS, DIRECTOR
NTI HOUSING CO OP SOCIETY LTD
NO.84, SUN SMILE I FLOOR
SERPENTINE ROAD
-2-
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CRL.P No. 5194 of 2022
KUMARA PARK WEST
BANGALORE-560 020.
5. RAJARAM NAIK, S/O M L NAIK
AGED ABOUT 66 YEARS
DIRECTOR, NTI HOUSING CO OP SOCIETY LTD
NO.84, SUN SMILE, I FLOOR
SERPENTINE ROAD, KUMARA PARK WEST
BANGALORE-560 020.
6. RAMESH MOKASHI
S/O MOKASHI N R
AGED ABOUT 70 YEARS, DIRECTOR
NTI HOUSING CO OP SOCIETY LTD
NO.84, SUN SMILE I FLOOR
SERPENTINE ROAD
KUMARA PARK WEST
BANGALORE-560 020.
7. GANGAIAH, S/O ANJANEYA
AGED ABOUT 65 YEARS
NTI HOUSING CO OP SOCIETY LTD
NO.84, SUN SMILE I FLOOR,
SERPENTINE ROAD
KUMARA PARK WEST
BANGALORE-560 020.
...PETITIONERS
(BY SRI. VENKATESH PRALHAD KULKARNI, ADVOCATE)
AND:
1. STATE OF KODIGEHALLI POLICE STATION
BENGALURU, REP BY
LEARNED STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BANGALORE-560 001.
2. SMT RUPA N
W/O S NARAYANASWAMY
AGED ABOUT 42 YEARS
OCC HOUSEWIFE NO.9
CHOWDESHWARI MAHAL
-3-
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CRL.P No. 5194 of 2022
B ASHWATHAPA BADAVANE
KODIGEHALLI, BANGALORE-560 092.
...RESPONDENTS
(BY SRI K NAGESHWARAPPA, HCGP FOR R1;
SMT MANASI SHARMA, ADVOCATE FOR
SRI NITIN RAMESH, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO
QUASH THE FIR FILED BY KOIDGEHALLI P.S., BENGALURU ON
06.05.2022 IN CR.NO.102/2022 ON THE FILE OF THE 7TH
A.C.M.M.,NRUPATHUNGA ROAD, BENGALURU FOR THE
OFFENCE P/U/S 143, 354, 323, 504, 506, 149 OF IPC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The registration of the FIR for the offence punishable
under sections 143, 354, 504, 506, 149 of Indian Penal Code is
impugned in this petition.
2. The 2nd respondent lodged the FIR alleging that,
the property bearing Sy.No.4/4B measuring 01 acre 01 guntas
belongs to the 2nd respondent, and petitioners by criminally
trespassing into the subject property abused and out raged
modesty of the daughter of the 2nd respondent.
3. The learned counsel for the petitioner submits that
the subject property was acquired for the benefit of the Society
of which the petitioners are the office bearers, and the
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possession of the subject land was taken in the year 1991
which is evident from the order passed by this Court in
W.A.No.17016/2011 and other connected appeals. He further
submits that the husband of the 2nd respondent and others
have filed a suit in O.S.No.1372/2022 for permanent injunction
and in the said suit, the application was filed for granting
permanent injunction on the ground that the possession of the
subject property was taken forcibly in the year 1991.
4. The learned counsel for the respondent No.2
submits that the allegation made in the FIR discloses the
commission of the offences alleged against the petitioners, and
the veracity of the allegation requires to be investigated, and at
this stage, the registration of the FIR does not warrant any
interference.
5. Considered the submission made by the learned
counsel for the parties.
6. Perusal of the judgment passed by the Division
Bench of this Court in W.A.No.17016/2011 and other connected
appeals and the order passed by the Jurisdictional Civil Court in
O.S.No.1372/2022 on the application filed for grant of
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temporary injunction, indicated that the possession of the
subject property was taken on 15.4.1991 which clearly infers
that the 2nd respondent nor her family members were in
possession of the subject property as on the date of the alleged
incident, and the FIR was lodged to falsely implicate the
petitioners herein. Therefore, the FIR lodged by the 2nd
respondent is with malice and without probable cause, since
there is a dispute pending between the Society and the
respondent No.2 with regard to the possession of the subject
property. Therefore, the continuation of the investigation will
be an abuse of the process of law.
7. Accordingly, I pass the following:
ORDER
i) The criminal petition is allowed;
ii) The impugned FIR in Crime No.102/2022 registered
by the Kodigehalli Police Station, Bengaluru insofar it relates to
the petitioners herein stands quashed;
iii) It is made clear that, the Trial Court shall
adjudicate the rights of the parties in O.S.No.1372/2022 on the
available material on record without being influenced by any of
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the observation made in this order. The observations, if any,
made is only for the purpose of the present petition.
All contentions are kept open.
Sd/-
JUDGE
HR
