SMT. SHAILAJA vs STATE OF KARNATAKA
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:57135
CRL.P No. 906 of 2025
C/W CRL.P No. 7132 of 2023
CNR: KAHC010037602025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 9 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
CRIMINAL PETITION NO. 906 OF 2025 (482(Cr.PC) /
528(BNSS)-)
C/W
CRIMINAL PETITION NO. 7132 OF 2023 (482(Cr.PC)
/ 528(BNSS)-)
IN CRL.P No. 906/2025
BETWEEN:
1. SRI RUDRESHA
SON OF LATE. DUMAPPA,
AGED ABOUT 49 YEARS,
RESIDING NEAR BEERALINGESHWARA TEMPLE,
KURUBARA BEEDI,
CHANNAGIRI TOWN,
DAVANAGERE DISTRICT,
PIN CODE-577 213
2. SRI.K.S.CHIKKAPPA,
SON OF LATE DUMMAPPA
AGED ABOUT 49 YEARS,
RESIDING AT KANNADA SALLU BHADAVANE,
CHANNAGIRI TOWN,
DAVANAGERE DISTRICT,
PIN CODE-577 213
…PETITIONERS
(BY SRI. P.M. GOPI., ADVOCATE FOR
SRI. SIDDAMALLAPPA P M., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY CHANNAGIRI POLICE STATION,
Digitally Signed By:
SURAJ GOVINDA RAJ
15/10/2026, 13:38, Bengaluru
Verified
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HC-KAR
NC: 2026:KHC:57135
CRL.P No. 906 of 2025
C/W CRL.P No. 7132 of 2023
CNR: KAHC010037602025
CHANNAGIRI,
CHANNAGIRI TALUK,
DAVANAGERE DISTRICT,
PIN CODE-577 213
REPRESENTED BY SPP,
GOVERNMENT OF KARNATAKA,
HIGH COURT BUILDING,
BANGALORE-560 001
2. SRI. G.S.JAGANATH,
SON OF LATE SRIKANTAIAH.G.M,
AGED ABOUT 51 YEARS,
RESIDING AT GOWDARA BEEDI,
CHANNAGIRI TOWN,
DAVANAGERE DISTRICT,
PIN CODE-577 213
…RESPONDENTS
(BY SMT. RASHMI PATEL., HCGP FOR R1;
SMT. ARCHANA MURTHY P., ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S
528 BNSS) PRAYING TO SECURE RECORDS IN C.C.NO.31/2024
(CRIME NO.188/2023) PENDING ON THE FILE OF PRINCIPAL CIVIL
JUDGE AND JMFC, CHANNAGIRI AND ETC.
IN CRL.P NO. 7132/2023
BETWEEN:
1. SMT. SHAILAJA
W/O JAGANNATH
AGE 43 YEARS,
OCC. HOUSE WIFE,
R/O CHANNAGIRI TOWN
DAVANGERE DIST -577001
2. MUNEESH
S/O JAGANNATH
AGE 23 YEARS
OCC. STUDENT
R/O CHANNAGIRI TOWN
DAVANAGERE DIST. 577001
Digitally Signed By:
SURAJ GOVINDA RAJ
15/10/2026, 13:38, Bengaluru
Verified
- 3 -
HC-KAR
NC: 2026:KHC:57135
CRL.P No. 906 of 2025
C/W CRL.P No. 7132 of 2023
CNR: KAHC010037602025
3. JAGANNATH
S/O SRIKANTAYYA
AGE 51 YEARS,
OCC. AGRICULTURIST,
R/O CHANNAGIRI TOWN,
DAVANAGERE DIST. - 577001
...PETITIONERS
(BY SMT. SARITHA KULKARNI., &
SMT. ARCHANA MURTHY P., ADVOCATES)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA,
CHANNAGIRI SUB DIVISION,
CHANNAGIRI PS
DAVANAGERE DIST.
2. SRI RUDRESHA
SON OF LATE. DUMAPPA,
R/AT KURUBAARA BEEDI
AGE 46 YRS,
R/O KURUBARA BEEDI,
CHANNAGIRI TOWN
DAVANAGERE DIST 577001
...RESPONDENTS
(BY SMT. RASHMI KULKARNI., HCGP FOR R1;
SRI. P.M. SIDDAMALLALPPA., ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC PRAYING
TO QUASH THE FIR REGISTERED IN CR.NO.298/2023 DATED
17.07.2023 ON THE FILE OF PRL. CIVIL JUDGE (JR.DIV.) AND
JMFC CHANNAGIRI, DAVANGERE DIST., FOR THE OFFENCE
P/U/S 506, 34, 504, 447 OF IPC.
THESE CRIMINAL PETITIONS, COMING ON FOR ADMISSION,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
Digitally Signed By:
SURAJ GOVINDA RAJ
15/10/2026, 13:38, Bengaluru
Verified
- 4 -
HC-KAR
NC: 2026:KHC:57135
CRL.P No. 906 of 2025
C/W CRL.P No. 7132 of 2023
CNR: KAHC010037602025
ORAL ORDER
1. The petitioners in Crl.P.No.906/2025 are before this
Court seeking for the following reliefs:
1. Secure records in C.C.No.31/2024
(Crime.No.188/2023) pending on the file of
Principal Civil Judge and JMFC, Channagiri;
2. To quash the entire criminal Crime No.996/2023
proceeding initiated in as per Annexure-C and
C.C.No.31/2024 a criminal case registered and
charge sheet submitted by the 1st Respondent at
the instance of 2nd Respondent for the offence
punishable Section-447, 427, 504, 506 read with
Section-34 I.P.C on the written complaint as per
Annexure-B and subsequently submitting charge
sheet in C.C.No.31/2024 as per Annexure-C by
allowing the above petition with exemplary cost.
3. And, to pass any suitable order deems to be passed
under the facts and circumstances of the case, in
the interest of justice and equity.
2. The petitioners in Crl.P.No.7132/2023 are before this
Court seeking for the following reliefs:
1. Quash the fir registered in Cr.No.298/2023 dated
17.07.2023 on the file of Prl. Civil Judge (Jr.Div.)
and JMFC Channagiri, Davangere Dist., for the
offence p/u/s 506, 34, 504, 447 of ipc .”
2. To quash the entire criminal Crime No.996/2023
proceeding initiated in as per Annexure-C and
C.C.No.31/2024 a criminal case registered and
charge sheet submitted by the 1st Respondent at
the instance of 2nd Respondent for the offence
punishable Section-447, 427, 504, 506 read with
Section-34 I.P.C on the written complaint as per
Annexure-B and subsequently submitting charge
Digitally Signed By:
SURAJ GOVINDA RAJ
15/10/2026, 13:38, Bengaluru
Verified
- 5 -
HC-KAR
NC: 2026:KHC:57135
CRL.P No. 906 of 2025
C/W CRL.P No. 7132 of 2023
CNR: KAHC010037602025
sheet in C.C.No.31/2024 as per Annexure-C by
allowing the above petition with exemplary cost.
3. And, to pass any suitable order deems to be passed
under the facts and circumstances of the case, in
the interest of justice and equity.
3. Respondent No. 2 in Crl.P. No. 7132/2023 lodged a
complaint on 17.07.2023 alleging trespass into the
property owned and possessed by him in Sy. No.
99/3, measuring 3 acres and 21 guntas, situated at
Channagiri Village. On the basis of the said
complaint, Channagiri Police Station registered FIR in
Crime No. 298/2023 on 17.07.2023 for the offences
punishable under Sections 506, 34, 504 and 447 of
the IPC.
4. Similarly, respondent No. 2 in Crl.P. No. 906/2025
lodged a complaint on 17.07.2023 alleging that the
petitioners had trespassed into the very same
property, claiming that respondent No. 2 was in
possession thereof. On the basis of the said
complaint, Channagiri Police Station registered FIR in
Crime No. 296/2023 on the same date.
5. Insofar as Crime No. 296/2023 is concerned, the
investigation was completed and a charge sheet
came to be filed on 31.10.2023 in Charge Sheet No.
339/2023. The case is now pending in C.C. No.
Digitally Signed By:
SURAJ GOVINDA RAJ
15/10/2026, 13:38, Bengaluru
Verified
- 6 -
HC-KAR
NC: 2026:KHC:57135
CRL.P No. 906 of 2025
C/W CRL.P No. 7132 of 2023
CNR: KAHC010037602025
31/2024 on the file of the Principal Civil Judge and
JMFC, Channagiri.
6. The submissions made by learned counsel appearing
for both parties indicate that the dispute essentially
concerns the property bearing Sy. No. 99/3,
measuring 3 acres and 21 guntas. Both parties claim
to be in possession of the said property and have
accused each other of trespassing thereon, resulting
in the registration of the respective FIRs.
7. This Court has, by separate orders passed today in
Crl.P. Nos. 8427/2023 and 11204/2023, considered
disputes between the same parties concerning the
very same property. In those proceedings, this Court
observed that the dispute was essentially civil in
nature and that the parties appeared to have given it
a criminal colour by initiating criminal proceedings
against each other.
8. The present proceedings stand on a similar footing,
inasmuch as the respective complainants allege that
the other party has trespassed into the disputed
property. The rival claims concerning possession and
the alleged trespass arise from the underlying
property dispute and must be considered in the
Digitally Signed By:
SURAJ GOVINDA RAJ
15/10/2026, 13:38, Bengaluru
Verified
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HC-KAR
NC: 2026:KHC:57135
CRL.P No. 906 of 2025
C/W CRL.P No. 7132 of 2023
CNR: KAHC010037602025
context of the civil proceedings instituted between
the parties.
9. It is not in dispute that O.S. No. 127/2019 was
instituted seeking a decree of permanent injunction
and that the decree passed therein was affirmed in a
Regular Appeal. A Regular Second Appeal challenging
the said decision is stated to be pending.
Subsequently, O.S. No. 108/2024 was instituted
before the Senior Civil Judge, Channagiri, seeking
declaration and injunction in respect of the disputed
property. The rival claims concerning title and
possession are thus matters for adjudication in the
pending civil proceedings, particularly O.S. No.
108/2024, in accordance with law.
10. Having regard to the nature of the dispute, the rival
claims of possession and the pending civil
proceedings concerning the very same property, this
Court is of the considered opinion that the present
criminal proceedings arise out of the underlying civil
dispute and appear to have been initiated by the
parties against each other in that context. In the
circumstances of the present case, continuation of
the criminal proceedings would not be warranted,
and interference by this Court is justified in the
Digitally Signed By:
SURAJ GOVINDA RAJ
15/10/2026, 13:38, Bengaluru
Verified
- 8 -
HC-KAR
NC: 2026:KHC:57135
CRL.P No. 906 of 2025
C/W CRL.P No. 7132 of 2023
CNR: KAHC010037602025
exercise of its jurisdiction to prevent the criminal
process from being used to pursue what is essentially
a civil dispute.
11. As such, passes the following;
ORDERS
i. Criminal petitions are allowed
ii. In Crl.P.No.9068/2025, the proceeding in Crime
No.996/2023 at Annexure-C and C.C.No.31/2024
a criminal case registered and charge sheet
submitted by Respondent No.1 at the instance of
Respondent No.2 at Annexure-B and subsequently
submitting charge sheet in C.C.No.31/2024 at
Annexure-C, is quashed.
iii. Both the counsels are directed to advise their
respective clients not to indulge in any other
criminal offences and to await the resolution of
their disputes in the suit for declaration and
Digitally Signed By:
SURAJ GOVINDA RAJ
15/10/2026, 13:38, Bengaluru
injunction.
Verified
(SURAJ GOVINDARAJ)
JUDGE
SR/ List No.: 1 Sl No.: 14