IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.3023/2013 BETWEEN SMT. MARY AKKAMMA JOHN, W/O P.M. JOHN, AGED ABOUT 67 YEARS, OCC. ADVOCATE & SECRETARY OF KAMMAGONDANAHALLI, SITE OWNERS ASSOCIATION, NO.176, “JEEVAN SHOBHA” 7TH MAIN ROAD, MATHIKERE, BANGALORE 54. ... PETITIONER (BY SRI M R BALAKRISHNA, ADV.) AND 1. THE STATE OF KARNATAKA, BY THE POLICE OF GANGAMMANAGUDI POLICE STATION BANGALORE CITY - 560015 REPRESENTED BY S.P.P, HIGH COURT BUILDING.
2. SRI NAGIREDDY S/O SANGATISUBBAIAH, AGED ABOUT 52 YEARS, R/AT NO.58, MATHRU CHAYA BALAJI EXTENSION, JALAHALLI WEST, BANGALORE -15. ... RESPONDENTS (BY SRI NASRULLA KHAN, HCGP FOR R1, SRI SHYAM KOUNDINYA.A.S, ADV. FOR R2 - ABSENT) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ENTIRE CHARGE SHEET IN C.C.NO.21363/12 ON THE FILE OF THE VIII ADDL.C.M.M, BANGALORE FOR THE ALLEGED OFFENCES P/U/S 447, 504, 506, 420 R/W 34 OF IPC.
SET ASIDE THE ORDER OF TAKING COGNIZANCE PASSED IN C.C.NO.21363/12 ON THE FILE OF THE VIII ADDL.C.M.M, BANGALORE FOR THE ALLEGED OFFENCES P/U/S 447, 504, 506, 420 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner is the Secretary of Kammagondanahalli Site Owners Association. The complainant claims to have purchased a site formed by the Bagalkunte House Building Co-operative Society and the Malleshwaram Tailoring Co- operative Society from the legal heirs of one late Rangappa by virtue of a sale deed dated 26.2.1992. Subsequent to the said purchase, he filed a suit in OS No.7539/04 against the petitioner and the aforesaid Malleswaram Tailoring Co-
operative Society and Bagalkunte House Building Co- operative Society for bare injunction on the ground that he is in exclusive possession and enjoyment of the land measuring 1 acre comprised in Sy.No.28/2 of Kammagondanahalli Village. The said suit came to be dismissed by Judgment and Decree dated 6.10.2012. It is submitted that no further appeal has been filed or pending against the said Judgment and Decree as a result, the order passed in the said suit has attained finality. That being the case, respondent no.2 filed a complaint against the petitioner and others alleging trespass and intimidation punishable under Sections 447, 504 and 420 read with Section 34 of IPC.
2. After investigation, charge sheet has been laid against the petitioner and other accused persons for the above said offences. Unimpeachable documents produced by the petitioner would indicate that the claim of the second respondent that he is in exclusive possession and enjoyment of the property has been negatived by the Civil Court. Under such circumstance, question of petitioner herein trespassing into the said property does not arise at all.
3. The only allegation made in the charge sheet is that, on 10.8.2011 at about 11 p.m. all the three accused persons trespassed into the land comprised in Sy.No.28/2 of Kammagondanahalli belonging to the complainant and abused and threatened him.
4. On perusal of unimpeachable documents produced by the petitioner, the said allegation appear to be manifestly false and baseless. In view of the decree suffered by respondent no.2, prosecution of the petitioners on the basis of the above allegations would be nothing but abuse of process of Court and thereafter cannot be allowed to continue.
5. Accordingly, the petition is allowed. Proceedings pending against the petitioner in CC No.21363/12 on the file of VIII Addl.CMM, Bengaluru are hereby quashed.
Sd/- JUDGE Sk/- CT-HR