IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.2184/2019 & 2758/2019 (GM-POLICE) BETWEEN:
1. MRS. ANJALA W/O SRI. H. SANJEEVA REDDY AGED ABOUT 63 YEARS R/AT NO.22, MARUTHI NILAYA VIJAYA BANK COLONY RAMAMURTHY NAGAR MAIN ROAD DODDA BANASWADI BENGALURU - 560 016.
2. MR. S. ASHOK S/O H. SANJEEVA REDDY AGED ABOUT 37 YEARS MARUTHI NILAYA VIJAYA BANK COLONY RAMAMURTHY NAGAR MAIN ROAD DODDA BANASWADI BENGALURU - 560 016.
(By Mr. S. VENKATESHWARAM, ADV., FOR Mr. JANARDHANA O, ADV.,) AND:
1. THE COMMISSIONER OF POLICE INFANTRY ROAD BENGALURU - 560 001.
2. THE CIRCLE INSPECTOR OF POLICE SANJEEVAPPA … PETITIONERS RAMAMURTHY NAGARA POLICE STATION BENGALURU - 560 043.
… RESPONDENTS (By Mr. VIJAY KUMAR A. PATIL, LEARNED AGA) - - -
These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India, praying to direct the respondents not to meddle with the property bearing No.old house list Khataha No.1528, comprised in old property bearing No.109, New No.19/2, situated at Doddabanaswadi, K.R. Puram, Bengaluru now called Vijaya Bank Colony and further direct them not to force the petitioners to have over the possession and documents to them and etc.
These Writ Petitions coming on for preliminary hearing in ‘B’ group this day, the Court made the following:-
ORDER Sri.S.Venkateshwaran, learned counsel for petitioners.
Sri.Vijay Kumar A.Patil, learned Additional Government Advocate for the respondents.
2. The petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.
3. In these petitions under Articles 226 and 227 of the Constitution of India, the petitioners inter alia seek a mandamus directing the respondents not to interfere with the property bearing old house list khata No.1528, comprised in old property bearing No.109, New No.19/2 situated at Doddabanaswadi, K.R.Puram, Bengaluru now called Vijaya Bank Colony.
4. When the matter was taken up today, learned Additional Government Advocate submitted that the respondents shall not interfere with the civil dispute pending between the parties in respect of the aforesaid property. However, it is submitted that Crime No.20/2019 has been registered against the petitioners in respondent No.2 – police station for the offences punishable under Sections 447, 504 and 506 read with 34 of Indian Penal Code, 1860 (hereinafter referred to as ‘the Code’ for short) and the petitioners may be directed to co-operate with the investigation.
5. Learned counsel for the petitioners submits that as and when the petitioners are called for investigation, they shall co-operate with the investigation.
6. In view of the aforesaid submission and in the facts of the case, the writ petitions are disposed of with a direction to the respondents not to interfere with the civil dispute insofar as it pertains to the aforesaid property. It is needless to state that the petitioners shall co-operate with the investigation in Crime No.20/2019 which has been registered against them for the offences punishable under Sections 447, 504 and 506 read with 34 of the Code.
Sd/- JUDGE RV