IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13th DAY OF AUGUST 2019 BEFORE THE HON’BLE Mr.JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION No. 8636/2018 BETWEEN:
1. Sri. Sujay S/o Gururaj P.B. Aged about 39 years Residing at II Floor, Prof.V.G.Kubair’s Apartments, No.81/1 (Old No.292/2) 4th Main Road, Malleshwaram, Bengaluru – 560 003.
2. Sri. Krishnamurthy L.P.
S/o late L. Praneshwara Rao Aged about 72 years Residing at II Floor, Prof.V.G.Kubair’s Apartments, No.81/1 (Old No.292/2) 4th Main Road, Malleshwaram, Bengaluru – 560 003.
3. Smt. A. Sudha W/o Sri. Krishnamurthy L.P. Aged about 70 years Residing at II Floor, Prof.V.G.Kubair’s Apartments, No.81/1 (Old No.292/2), 4th Main Road, Malleshwaram, Bengaluru – 560 003. …PETITIONERS (By Sri. Tomy Sebastian, Sr. Advocate for Smt. Melanie Sebastian, Adv.) AND:
1. State of Karnataka By Malleshwaram Police Station, Bengaluru City, Represented by the State Public Prosecutor High Court Building, Bengaluru-560 001.
2. Professor Kubair D.V.
S/o late Venugopala Kubair Aged about 47 years Residing at Ground floor, No.81/1, Professor V.G.Kubair’s Apartments, 4th Main Road, Malleshwaram, Bengaluru – 560 003.
3. Smt. Bhagyashree Kubair W/o Professor Kubair D.V. Aged about 42 years Residing at Ground floor, No.81/1, Professor V.G.Kubair’s Apartments, 4th Main Road, Malleshwaram, Bengaluru – 560 003.
…RESPONDENTS (By Sri. S.Rachaiah, HCGP for R1 Sri. Sanchan Jainandan, Adv. for R2 & R3) This Crl.P. is filed under Section 482 of Cr.P.C. praying to quash the FIR in Crime No.186/2018 of the Malleshwaram Police Station, registered for the offences p/u/Ss. 143, 149, 448 and 506 of IPC, pending on the file of LVI ACMM, Bengaluru.
This Crl.P. is coming on for Admission this day, the Court made the following:-
ORDER This petition is presented by a senior citizen couple Mr. L.P.Krishnamurthy, aged 72 years and his wife Smt. A.Sudha, aged 70 years and their nephew Mr.Sujay, aged 39 years, challenging registration of FIR No.186/2018 by Malleshwarm Police on 19.09.2018 for the offences punishable under Sections 143, 149, 448 and 506 of IPC.
2. The brief facts of the case are, petitioner Nos. 2 and 3 are the owners of a flat situated in the Second floor of ‘Professor V.G.Kubair’s Apartment’ and they have purchased the same from 2nd Respondent’s father on 05.11.2008. Respondent No.2 and his wife (respondent No.3) have filed a suit in O.S.No.3975/2018 before the City Civil Court, Bangalore, on 06.06.2018 seeking enforcement of clause 15 of the Sale Deed dated 05.11.2008, which requires Sri.Krishnamurthy and his wife Smt.Sudha to first offer the property to the Vendor or his L.Rs., in the event they chose to sell the property. The said suit is pending adjudication in CCH-25.
3. As the matter stood thus, on 14.09.2018, Respondent No.3 - Smt.Bhagyashree Kubair sent an e- mail to the Deputy Commissioner of Police (North), stating as follows:-
“ Date: 14 September 2018 From, Professor Kubair, D.V. and Smt. Bhagyashree Kubair 81/1 “Professor V.G. Kubair’s Apartments”
4th Main Road, Malleshwaram Bangalore 560003 Ph: 82776-44621; 82775-62621 To The Deputy Commissioner of Police (North) Yeshwanthpura, Bangalore 560022 Subject: Complaint against Mr. L. P. Krishna Murthy and others for “unlawful assembly”, “criminal trespass” and “criminal intimidation” on 12 September 2018 around 4:00 P.M.
We (Professor Kubair, D. V. and Smt. Bhagyashree Kubair) are the owners and chief executing officers of the “Professor V. G. Kubair’s Apartments” situated in Malleshwaram. We are writing to you to register a complaint against Mr.
L. P. Krishna Murthy and others for “unlawful assembly”, “criminal trespass” and “criminal intimidation” in our apartment building on 12 September 2018 around 4:00 P.M. Please accept our complaint and provide us with the FIR.
On the day and time of the incidence, five people entered our (Professor V.G. Kubair’s Apartments) premises and were inside Mr. L.P. Krishna Murthy’s unit in the Second Floor of the Apartment. Upon inspecting it was clear that the owners of that unit Mr. L.P. Krishna Murthy and Mrs. A. Sudha were not present. As there is an ongoing “specific performance suit” against alienating the suit property (O.S 3975/2018 in the CCH25, initiated on 6 June 2018), we enquired the identities of the persons and the purpose and business of their presence in the premises in the absence of Mr. L. P. Krishna Murthy and Mrs. A. Sudha. We were able to recognize one of the men assembled and he is Mr. Sujay, nephew of Mrs. A. Sudha (as introduced by Mrs. Sudha in the past).
Then the miscreants started hurling abuses, shouting in a loud voice and intimidating us and threatened to damage our property. We warned the miscreants that we will be forced to complain to the Police, to which they mentioned they know the Commissioner of Police (Bangalore), Mr. Suneel Kumar and are not afraid of the local police. In order to abate any undue incidence, we called you and complained telephonically, to which the Police arrived at the scene and the miscreants were asked to stop the “unlawful assembly”, “criminal trespass” and “criminal intimidation” and answer to the Malleswaram Police Inspector. We also went and met the Malleswaram Police Inspector Mr. Prasad. During the discussion with the Malleswaram Police Inspector, we explained about the ongoing “specific performance suit” against Mr. L. P. Krishna Murthy and Mrs. A. Sudha. We also learnt that the miscreants were commissioned by Mr. L.P. Krishna Murthy and Mrs. A. Sudha by the way of granting “general power of attorney (GPA)”, whose contents were not disclosed and whose veracity and genuineness is questionable at best.
As the “specific performance suit” is still sub judice any “general power of attorney (GPA)” relating to the suit property is void ab initio and furthermore, a GPA does not permit the miscreants to take law into their hands by the way of “unlawful assembly”, “criminal trespass” and “criminal intimidation.
The Malleswaram Police Inspector instructed the miscreants to approach the court and seek relief if any in the Civil Court as the matter is sub judice, and not to enter the premises till such time.
However, the miscreants while going out of the premises shouted and announced that they would return back with more force, bring media personnel to our premises in order to further intimidate and defame us.
We are requesting you to kindly take cognizance of the criminal offence initiated by Mr. L. P. Krishna Murthy and Mrs. A. Sudha and perpetrated by the holder of the void GPA and other perpetrators. We request you to kindly take necessary action against Mr. L. P. Krishna Murthy and others and restrain them from further perpetrating such criminal activities on our person and property. Please provide us with the copy of the FIR of this complaint.
Thanking you Yours Sincerely Professor Kubair, D.V. Smt. Bhagyashree Kubair PS:
Phone number of Mr. L. P. Krishna Murthy: 94814 53612 Phone number and email of Mr. Dileep Rao: 99725 93339; dileeprao@gmail.com”.
Accordingly, F.I.R. No.186/2018 has been registered in Malleshwaram police station.
4. Sri. Tomy Sebastian, learned Senior advocate appearing for the petitioner urged that in paragraph-2 of the complaint, the complainants have admitted that petitioner Nos. 2 and 3 are the owners of the property and petitioner No.1 is their nephew. They have alleged that when they enquired about the identities of the persons present in the flat, they abused the complainant. He argued that no complaint of trespass could be registered against the owners nor their nephew who is also a member of the family. The other persons who are said to be present in the flat have not been arrayed as accused. He argued that this compliant is filed only to harass the senior citizens to compel them to agree to their unlawful demands made in O.S.No.3975/2018.
5. Sri.K.R.Prasad, Police Inspector, Malleshwaram Police Station has filed his Affidavit dated 20.12.2018 and it is precisely stated in para-7 that the police are yet to collect the documents and if the investigation discloses that the accused are the real owners or in physical possession of the property, it does not attract Section 448 of I.P.C. and if no other offence is made out, ‘B’ report would be submitted before the Court.
6. Sri.Rachaiah, learned HCGP submitted that the ‘B’ report is ready and as the matter is pending before this Court, the same has not been filed.
7. Sri. Sanchan Jainandan, learned advocate appearing for the complainants submitted that complainants have no grievance against the owners of the property namely, Sri.L.P.Krishnamurthy and his wife Smt.Sudha. However, he sought to sustain their complaint against 1st petitioner.
8. I have carefully considered rival contentions and perused the records.
9. In paragraph No.2 of the complaint, complainants have clearly stated that 5 persons entered the flat owned by Mr. L.P.Krishnamurthy and Smt. Sudha in their absence. Complaint further discloses that when the complainants went to question the identity of the inmates, they found the nephew of the old couple Mr.Sujay in the flat.
10. It is not understandable that under what authority the complainants went to enquire about the identity of the inmates in the flat. Even assuming that they went as samaritans, when they learnt that the nephew of the owners was present in the flat, the matter ought to have been ended. The fact that the complainants have adverted to the civil suit and made reference to the matter being sub judice, indicates that the complaint has been filed in order to pressurize the owners of the property. Further, the complaint has been sent by e-mail at 9.40 hours on 14.09.2018 in respect of the alleged incident on 12.09.2018 at 4 p.m. to the Deputy Commissioner of Police (North). If the complainants were in any way affected, the natural reaction would have been to approach the police at the earliest. The sequence of events narrated in the complaint and the contents of the complaint clearly suggest that the complaint has been filed only to harass the true owners of the property. The complainants have also adverted to Whatsapp message on 12.09.2018.
11. The conspectus facts of this case disclose that the flat in question belongs to petitioner Nos. 2 and 3. Their nephew petitioner No.1 was present with the other persons on the date of alleged incident. He was identified by the complainants. Admittedly, the complainants have filed a suit for specific performance to enforce clause 15 contained in the Sale Deed executed by the 2nd Respondent’s father.
12. A careful reading of the complaint does not disclose any of the alleged offences. As per directions of this Court dated 20.12.2018, the Inspector of Police filed his affidavit. The Deputy Commissioner of Police who was present before the Court assured that necessary instructions would be issued to the police officials not to interfere in matters, which are purely civil in nature. Sri. H.S.Chandramouli, learned SPP-1, who had appeared before the Court on the said date has also assured that Police shall not interfere in civil matters.
13. Sri.Rachaiah, learned HCGP submits that in pursuance of concern expressed by this Court, the Director General and Inspector General of Police has issued a Circular dated 14.11.2018 directing the police officials to refrain from interfering with matters which are purely civil in nature.
14. In view of the above discussions, the petition merits consideration and accordingly, the same is allowed. FIR in Crime No.186/2018 registered by the Malleshwaram Police, which is pending on the file of LVI ACMM, Bangalore, is quashed.
Sd/- JUDGE Srl.