Karnataka High Court
Sri Bandaiah @ Bandigowda vs The State Of Karnataka on 24 January, 2025
Author: S.R. Krishna Kumar
Bench: S.R. Krishna Kumar
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NC: 2025:KHC:3171
CRL.P NO.2224 OF 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR
CRIMINAL PETITION NO.2224 OF 2024
BETWEEN:
1. SRI. BANDAIAH @ BANDIGOWDA
S/O LATE NINGAIAH,
AGED ABOUT 78 YEARS.
2. SRI. SHIVALINGAIAH
S/O BANDAIAH,
AGED ABOUT 48 YEARS.
3. SMT. GOWRAMMA
W/O BANDAIAH @ BANDIGOWDA,
AGED ABOUT 65 YEARS.
4. SRI. SHAMBUVAIAH
S/O LATE NINGAIAH,
AGED ABOUT 68 YEARS.
5. SRI. CHANDRAIAH
S/O SHAMBUVAIAH,
AGED ABOUT 40 YEARS,
Digitally signed by
ARUNKUMAR M S
6. SRI. SHARATH
Location: High
Court of S/O SHIVARAMAIAH,
Karnataka AGED ABOUT 38 YEARS.
7. SRI. SRINIVASA
S/O SHIVARAMAIAH,
AGED ABOUT 32 YEARS.
8. SMT. DIVYA
W/O SHARATH,
AGED ABOUT 29 YEARS.
9. SMT. PADMA
W/O CHANDRAIAH,
AGED ABOUT 32 YEARS.
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CRL.P NO.2224 OF 2024
10. SMT. JAYAMMA
W/O JAYARAMAIAH,
AGED ABOUT 66 YEARS.
11. SRI. SHIVARAMAIAH
S/O LATE NINGAIAH,
AGED ABOUT 64 YEARS.
12. SRI. NINGAIAH
S/O LATE NINGAIAH,
AGED ABOUT 60 YEARS.
ALL ARE RESIDING AT:
BANDIGOWDANAPALYA VILLAGE,
HULIYURUDURGA HOBLI,
KUNIGAL TALUK,
TUMAKURU DISTRIT - 572 123.
...PETITIONERS
(BY SRI. PUNITH C., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY HULIYURDURGA POLICE STATION,
TUMAKURU DISTRICT,
REPRESENTED BY THE S.P.P.,
GOVERNMENT OF KARNATAKA,
HIGH COURT BUILDING,
BENGALURU - 560 001.
2. SRI. NINGAIAH
S/O LATE NANJUNDAIAH,
AGED ABOUT 86 YEARS,
R/AT BANDIGOWDANAPALYA VILLAGE,
HULIYURDURGA HOBLI,
KUNIGAL TALUK,
TUMAKURU DISTRICT - 572 123.
...RESPONDENTS
(BY SMT. M.M. WAHEEDA, HCGP FOR R1;
RESPONDENT NO.2 - SERVED BUT UNREPRESENTED)
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NC: 2025:KHC:3171
CRL.P NO.2224 OF 2024
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
THE CRIMINAL PROCEDURE CODE, PRAYING TO QUASH THE
CRIMINAL PROCEEDINGS IN C.C.NO.3054/2023 ON THE FILE OF
SENIOR CIVIL JUDGE AND JMFC, KUNIGAL AGAINST THE
PETITIONERS FOR THE OFFENCE PUNISHABLE UNDER SECTIONS
143, 323, 447, 427, 504, 506 AND 149 OF THE INDIAN PENAL CODE
IN CRIME NO.201/2022 BY THE HULIYURDURGA POLICE STATION,
TUMAKURU AS PER ANNEXURE-A.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R. KRISHNA KUMAR
ORAL ORDER
In this petition, petitioners seek following relief:
"a) Call for the records in C.C.No.3054/2023 on the file of
Senior Civil Judge and JMFC., Kunigal.
b) To quash the Criminal Proceedings in C.C.No.3054/2023
on the file of Senior Civil Judge and JMFC., Kunigal against
the petitioners for the offences punishable under Section 143,
323, 447, 427, 504, 506 and 149 of the Indian Penal Code in
Crime No.0201/2022 by the Huliyurdurga Police as per
Annexure-'A' by allowing the above petition, in the interest of
justice.
c) To pass any other order as this Hon'ble Curt deems fit."
2. Heard learned counsel for petitioners and learned High
Court Government Pleader for the respondent No.1 and perused
the material on record.
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CRL.P NO.2224 OF 2024
3. Respondent No.2-defacto complainant having been
served with the notice of this petition, has chosen to remain
unrepresented and has not contested the petition.
4. A perusal of the material on record will indicate that the
respondent No.2 filed the instant complaint against the petitioners
for alleged offences under Sections 143, 323, 447, 427, 504 and
506 read with Section 149 of the Criminal Procedure Code. Prior to
the respondent No.2 filling the instant complaint, some of the
petitioners have already approached the Assistant Commissioner,
Tumakuru under Section 136(2) of the Karnataka Land Revenue
Act in relation to a property dispute between the petitioners and the
respondent No.2, and the Assistant Commissioner, Tumakuru has
passed interim order of stay dated 14th July, 2021 in favour of some
of the petitioners. Further, the petitioners had also filed a civil suit
in Original Suit No.179/2021 against the respondent No.2-
complainant for declaration and permanent injunction, which is
pending on the file of the Senior Civil Judge and JMFC., Kunigal. It
is a matter of record and undisputed fact that, though the Trial
Court declined to grant an order of temporary injunction in favour of
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CRL.P NO.2224 OF 2024
the petitioners, the appellate Court in M.A. No.21/2023 had passed
an order of status quo.
5. The aforesaid facts and circumstances clearly establish
that the dispute between the petitioners and respondent No.2 is
essentially, predominantly and overwhelmingly of a civil
nature/character which is sought to be given criminal colour, which
is impermissible in law as held by the Apex Court and this Court in
various judgments including the recent judgment of the Apex Court
in the case of NARESH KUMAR AND ANOTHER vs. THE STATE
OF KARNATAKA AND ANOTHER reported in (2024)3 SCR 740.
6. Under these circumstances, having regard to the fact that
the dispute between the petitioners and the respondent No.2
before the Revenue Authorities culminated in an order in favour of
the petitioners against the respondent No.2 and the property
dispute is pending between the parties before the competent Civil
Court, in which there is an order of status quo, I am of the
considered opinion that the continuation of impugned criminal
proceedings against the petitioners would amount to abuse of
process of law warranting interference by this Court in the present
petition.
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CRL.P NO.2224 OF 2024
7. In the result, I pass the following.
ORDER
1) Criminal Petition is allowed;
2) The Criminal Proceedings in C.C.
No.3054/2023 pending on the file of the Senior
Civil Judge and JMFC., Kunigal arising out of
Crime No.201/2022 registered by the
Huliyurdurga Police Station, Tumakuru District
qua the petitioners for the offences punishable
under Sections 143, 323, 447, 427, 504 and
506 read with Section 149 of the Indian Penal
Code are hereby quashed.
SD/-
(S.R.KRISHNA KUMAR)
JUDGE
ARK
