CRL.P/631/2023 of THANISH KUMAR Vs STATE OF KARNATAKA BY on 30 September 2026

ORAL ORDER

1. The dispute involved in these two petitions are between the same parties and therefore, these two petitions are heard together with the consent of learned counsel for the parties and disposed off by this common order.

2. Heard the learned counsel for the parties.

3. Accused No.1 in CC No.479/2019 pending before the Court of Principal Civil Judge and JMFC, Anekal, Bengaluru Rural District, arising out of Crime No.30/2017 registered by Sarjapura Police Station, Bengaluru, for the offences punishable under Sections 447, 341, 506 read with Section 34 of IPC, is before this Court in Crl.P.No.754/2023, with a prayer to quash the entire proceedings in the aforesaid case as against him.

4. Crl.P.No.631/2023 is filed by Thanish Kumar, who is the son of Srinivas Reddy - petitioner in Crl.P.No.754/2023, with a

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prayer to quash the entire proceedings in CC No.458/2019 pending before the Court of Principal Civil Judge and JMFC, Anekal, Bengaluru Rural District, arising out of Crime No.114/2018 registered by Sarjapura Police Station, Bengaluru, for the offences punishable under Sections 506, 504, 447 read with Section 34 of IPC, as against him.

5. Facts stated in brief leading to filing of the above two petitions, are as follows:-

Property bearing Sy.No.76/1, situated at Gonighattapura Village, Sarjapura Hobli, Anekal Taluk, undisputedly belongs to Srinivasa Reddy, who is the petitioner in Crl.P.No.754/2023. Respondent No.2 claims that the said property was purchased by him under a registered Sale Deed dated 18.05.2016 for a valid sale consideration but subsequently his vendor has sold the very same property to one Rajashekar @ Rajashekar Munireddy under Sale Deed dated 06.06.2017.

FIR in Crime No.30/2017 is registered by Sarjapura Police Station, Bengaluru, for the aforesaid offences against Srinivasa Reddy and Rajashekara, who is the subsequent purchaser of

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the said property with an allegation that on 28.01.2017, when the first informant and his family members were in the property in question, Srinivasa Reddy and Rajashekara, had trespassed to the said property, allegedly abused them and thereafter, criminally intimidated them. Similar allegation is found even in the FIR that was registered in Crime No.114/2018 by Sarjapura Police Station, Bengaluru, for the offences punishable under Sections 447, 504, 506 and 34 of IPC. Police after investigation have filed charge sheet in both the cases. Assailing the same, petitioners are before this Court.

6. During the course of arguments, it is brought to the notice of this Court that prior to registration of the present two cases, FIR was registered in Crime No.229/2017 by Sarjapura Police Station on the allegation that Srinivas Reddy had cheated the first informant herein by executing Sale Deed in respect of the aforesaid property bearing Sy.No.76/1, situated at Gonighattapura Village, Sarjapura Hobli, Anekal Taluk, in favour of one Rajashekar @ Rajashekar Munireddy under Sale Deed dated 06.06.2017 after having sold the very same property in favour of the first informant herein under a

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registered Sale Deed dated 18.05.2016. In the said case, police after investigation have filed B final Report.

7. Suppressing the same, a separate private complaint was filed before the jurisdictional Court of Magistrate at Bengaluru by the first informant herein, which was referred to police for the purpose of investigation. Police after investigation had filed charge sheet in the said case and criminal case was registered in CC No.14745/2018 against Srinivas Reddy and his family members including Thanish Kumar, who is the petitioner in Crl.P.No.631/2023. Assailing the same, Srinivas Reddy and his family members, had approached this Court in WP No.29941/2018, which was allowed by the Co-ordinate Bench of this Court on 02.03.2026 and the entire proceedings in CC No.14745/2018 was quashed. It is not in dispute that B report filed in Crime No.229/2017 by Sarjapura Police Station, has not been questioned till date and the same has reached finality.

8. Material on record would go to show that respondent No.2 herein has already filed a suit before the jurisdictional Civil Court at Anekal in OS No.142/2017 against Srinivas Reddy

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and also the subsequent purchaser of the property in question namely, Rajashekar @ Rajashekar Munireddy, seeking the relief of declaration of title and also consequential relief of permanent injunction. The said suit is pending consideration and the defendants, who have entered appearance in said suit have filed a detailed written statement and also raised a counter claim seeking cancellation of the Sale deed dated 18.05.2016 and 20.05.2016 under which Srinivas Reddy is claiming right over the property in question, alleging that the said Sale deeds were fraudulently executed by Srinivas Reddy in his favour by misusing the General Power of Attorney, which was executed in his favour. Therefore, at this stage, it cannot be said that respondent No.2 herein, is the absolute owner having right, title and interest over the aforesaid property bearing Sy.No.76/1, situated at Gonighattapura Village, Sarjapura Hobli, Anekal Taluk. His title in respect of the said property is yet to be declared in OS No.142/2017, which is filed by him before the jurisdictional Civil Court at Anekal. Therefore, the allegation now made that the petitioners herein have trespassed into the property in question becomes difficult to be

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believed. More so, for the reason that undisputedly, Srinivas Reddy and his family members were the erstwhile owners of the property in question. Under the circumstances, pending adjudication of civil dispute, which is now pending in OS No.142/2017, if the impugned proceedings is allowed to be continued as against the petitioners herein, the same would amount to abuse of process of law. Therefore, I am of the opinion that the prayer made by the petitioners in these two petitions to quash the impugned proceedings as against them, needs to be granted. Accordingly, the following:-

ORDER

(i) The criminal petitions are allowed .

(ii) In Crl.P.No.754/2023

The entire proceedings in CC No.479/2019 pending before the Court of Principal Civil Judge and JMFC, Anekal, Bengaluru Rural District, arising out of Crime No.30/2017 registered by Sarjapura Police Station, Bengaluru, for the offences punishable under Sections 447, 341, 506 read with

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Section 34 of IPC, is hereby quashed as against the petitioner herein.

(iii) In Crl.P.No.631/2023

The entire proceedings in CC No.458/2019 pending before the Court of Principal Civil Judge and JMFC, Anekal, Bengaluru Rural District, arising out of Crime No.114/2018 registered by Sarjapura Police Station, Bengaluru, for the offences punishable under Sections 506, 504, 447 read with Section 34 of IPC, is hereby queasier as against the petitioner herein.

Sd/- (S VISHWAJITH SHETTY) JUDGE

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