GAYATHRI K S vs STATE OF KARNATAKA

Court
Karnataka High Court

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CRL.P No. 4266 of 2024


CNR: KAHC010272892024





IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 5 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE RAJESH RAI K


CRIMINAL PETITION NO. 4266 OF 2024

BETWEEN:

1. GAYATHRI K.S
W/O B.T CHIKKAPUTTEGOWDA
AGED ABOUT 50 YEARS
R/AT NO 342, SHILAJANYA
TH ND
5 MAIN ROAD, 2 CROSS,
NEAR RAILWAY STATION
KENGERI UPANAGAR,
BENGALURU - 560 060

2. CHIKKAPUTTEGOWDA B.T
S/O TAMANNA GOWDA
AGED ABOUT 66 YEARS
R/AT NO 342, SHILAJANYA
TH ND
5 MAIN ROAD, 2 CROSS,
NEAR RAILWAY STATION
KENGERI UPANAGAR,
BENGALURU - 560060
...PETITIONERS
(BY SRI. RAJASHEKAR S, ADVOCATE)

AND:

1. STATE OF KARNATAKA
KENGERI POLICE STATION
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BENGALURU - 560001










Digitally signed
by PANKAJA S
Location: HIGH
COURT OF
KARNATAKA

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CRL.P No. 4266 of 2024


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2. R HEMAVATHI
W/O B RAMAMURTHY
AGED ABOUT 72 YEARS
TH
R/AT NO.241, 6 MAIN,
RD TH
3 STAGE, 4 BLOCK,
SHARADA COLONY
BASAVESHWARANAGAR
BENGALURU - 560 079
...RESPONDENTS
(BY SRI. P. MAHESHA, HCGP FOR R1,
SRI. B.O. CHANDRASHEKAR, ADVOCATE FOR R2)

THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
QUASH PROCEEDINGS IN C.C.NO.33079/2023 PURSUANT
TO THE REGISTRATION OF FIR IN CR.NO.374/2023 OF
KENGERI P.S., PENDING ON THE FILE OF THE XLVI
A.C.M.M BENGALURU REGISTERED FOR THE OFFENCE
P/U/S 506,341,34,504,448 AND 427 OF IPC.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

ORAL ORDER
This petition is filed under Section 482 of Cr.P.C seeking
to quash the proceedings against the petitioners/accused Nos.1
and 2 in C.C No.33079/2023, arising out of Crime No.374/2023
registered Kengeri Police Station for the offences punishable
under Sections 341, 427, 448, 504, 506 r/w 34 of IPC, pending
on the file of XLVI ACMM at Bengaluru (for short, 'the learned
Magistrate').

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CRL.P No. 4266 of 2024


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2. The abridged facts of the case are that respondent
No.2-complainant lodged a complaint before respondent No.1-
police alleging that she had purchased a house situated at
Kengeri Upanagar, Bengaluru, in an auction conducted by
Tumakuru Veerashaiva Co-operative Bank Limited on
18.06.2022 for Rs.3,55,00,000/-. The property was registered
in her name on 20.06.2022. As the previous owner, Gayathri
K.S i.e. petitioner No.1 and her associates refused to vacate
the house, the Bank initiated legal proceedings. Pursuant to the
Court’s order dated 21.06.2023, petitioner No.1 and others
were evicted on 16.08.2023, and possession was handed over
to the respondent No.2 through the Bank.
3. Thereafter, the respondent No.2 engaged a security
guard to protect the subject property and left for her residence.
At midnight, the security guard informed her son that some
persons had broken the lock and trespassed into the house.
Upon reaching the spot, the respondent No.2 and her son
allegedly found petitioner No.1, her husband, mother-in-law,
uncle and others inside the house after breaking the seal. When
her son asked them to vacate the premises, they allegedly

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assaulted and abused him, threatened him with dire
consequences and refused to vacate. Hence, the respondent
No.2 lodged the complaint against the petitioners and others
before the respondent No.1-police.
4. On this basis of the complaint, the respondent No.1
- Police have registered a case against the petitioners and
others, in Crime No. 374/2023 for the aforementioned offences.
Upon completion of investigation the respondent No.1 - police
laid charge sheet against the petitioners by dropping accused
Nos.3 and 4 for the aforementioned offences by arraying
petitioners as accused Nos.1 and 2. Accordingly, the learned
Magistrate, took of the offences. Aggrieved by the same, the
petitioners have preferred the present petition.
5. Heard the learned counsel for the petitioner, the
learned High Court Government Pleader for respondent No.1 -
State and the learned counsel for respondent No.2 -
complainant.
6. Apart from raising several other contentions,
learned counsel for the petitioners contended that the

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complaint was lodged out of vendetta and vengeance, as a
counterblast to the suit instituted by the petitioners and the
injunction order obtained against respondent No.2. He
submitted that the petitioners, being the owners of the house,
had never trespassed into the subject property or taken
possession thereof. He further contended that respondent No.2
had lodged a complaint against the petitioners on 11.12.2023,
registered in Crime No.617/2023, and that the Bank officials
had also lodged a complaint in Crime No.287/2022 on similar
allegations. He submitted that, despite the litigation pending
between the petitioners and respondent No.2 before the DRT,
the present false complaint had been lodged against the
petitioners. Accordingly, he prays allow the petition.
7. Per contra, learned counsel for respondent No.2
contended that, after the Bank officials delivered possession of
the subject property to respondent No.2, the petitioners
illegally trespassed into the property and forcibly continued to
occupy it in violation of the Court order, thereby committing
the alleged offences. Accordingly, he prays for dismissal of the
petition.

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8. Learned High Court Government Pleader appearing
for respondent No.1-State also opposed the prayer in the
petition and prays to dismiss the petition.
9. I have given my anxious consideration to the
submissions made by the learned counsel for the respective
parties so also perused the entire materials on record.
10. As could be gathered from the records, admittedly,
respondent No.2 purchased the subject property in an auction
conducted by the Tumakuru Veerashaiva Co-operative Bank
Limited. She lodged a complaint against the petitioners on
11.12.2023, registered in Crime No.617/2023, alleging that
they had illegally trespassed into the property, forcibly occupied
it and assaulted her. The Bank had also lodged a complaint
against the petitioners on similar allegations, registered in
Crime No.287/2022. Thus, the allegations in the aforesaid two
cases are similar in nature. In the present case, respondent
No.2 had lodged a complaint on similar allegations, thereby
attracting the principles of sameness and double jeopardy.
Hence, I am of the considered view that continuation of the
criminal proceedings against the petitioners would amount to

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an abuse of the process of law. Even if the allegations in the
FIR and charge sheet are accepted at face value, they do not
prima facie constitute the offences alleged against the
petitioners/accused Nos.1 and 2. Accordingly, I proceed to pass
the following:

ORDER
allowed
i. The petition is .

ii. The proceedings against against the
petitioners/accused Nos.1 and 2 in C.C
No.33079/2023, arising out of Crime
No.374/2023 registered Kengeri Police
Station for the offences punishable under
Sections 341, 427, 448, 504, 506 r/w 34 of
IPC, pending on the file of XLVI ACMM at
Bengaluru, is hereby quashed.
SD/-
(RAJESH RAI K)
JUDGE

PKS/K
List No.: 1 Sl No.: 0