SMT. SUJATHA SHANMUGAM, vs THE STATE OF KARNATAKA BY

Court
Karnataka High Court

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HC-KAR
NC: 2026:KHC:59972
CRL.P No. 16087 of 2026


CNR: KAHC010732992026




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 28 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

CRIMINAL PETITION NO. 16087 OF 2026

BETWEEN:

SMT. SUJATHA SHANMUGAM,
W/O. SRI K.V. RAJASHEKARAIAH,
AGED ABOUT 53 YEARS,
R/AT. NO. 50, 2ND A CROSS,
OPP. PETROL BUNK, MUNESHWARANAGAR,
PADMANABHANAGAR, BENGALURU SOUTH,
BENGALURU - 560 061.
…PETITIONER
(BY SRI P P HEGDE, SR. ADVOCATE FOR







SRI KEERTHI KRISHNA REDDY,ADVOCATE)

AND:

1. THE STATE OF KARNATAKA BY
PUTTENAHALLI POLICE STATION,
BENGALURU CITY,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.

2. SMT. AISHWARYA S. KRISHNA,
W/O. SRI RAJASHEKAR Y.R.,
AGED ABOUT 37 YEARS,
17TH CROSS, 22ND MAIN ROAD,
R/AT. NO. 1/1, SSK NURSERY, J.P. NAGAR 5TH
PHASE, BENGALURU -560078.
…RESPONDENTS
(BY SRI NAGHARISH G S, HCGP FOR R1,
SRI CHOKKA REDDY,ADVOCATE FOR R2)




Digitally Signed by ANANT
RAMNATH HEGDE

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HC-KAR
NC: 2026:KHC:59972
CRL.P No. 16087 of 2026


CNR: KAHC010732992026


THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528
BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING
THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH
THE FIRST INFORMATION REPORT IN CRIME NO. 335/2026
REGISTERED BY THE PUTTENAHALLI POLICE STATION,
BENGALURU CITY, ON 17.10.2026 FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 76, 77, 79, 115(2), 189(2),
304(2), 324(4), 329(4) AND 351(2) R/W SEC. 190 OF THE
BHARATIYA NYAYA SANHITA, 2023, PENDING ON THE FILE OF
THE XXX ADDITIONAL CHIEF JUDICIAL MAGISTRATE,
BENGALURU CITY, AND ALL FURTHER INVESTIGATION
ARISING THEREFROM, INSOFAR AS THE PETITIONER IS
CONCERNED (ANNEXURES - A AND B).
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

ORAL ORDER
Heard the learned Senior counsel appearing for the
petitioner, the learned High Court Government Pleader
appearing for respondent No.1-State and the learned counsel
for respondent No.2 who has entered appearance before
issuance of notice.

2. This petition is filed to quash the First Information
Report and complaint in Crime No.335/2026 registered by the
Puttenahalli Police Station, Bengaluru city on 17.10.2026.
Digitally Signed by ANANT
RAMNATH HEGDE

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HC-KAR
NC: 2026:KHC:59972
CRL.P No. 16087 of 2026


CNR: KAHC010732992026



3. The offences alleged are under Sections 76, 77, 79,
115(2), 189(2), 304(2), 324(4), 329(4) and 351(2) read with
Section 190 of Bharatiya Nyaya Sanhita, 2023.

4. Learned Senior counsel appearing for the petitioner
would submit that the petitioner is not named in the complaint
and not named in the FIR. However, the petitioner is called
upon to visit the Police Station to settle the dispute.

5. It is the submission of the learned Senior counsel
that the petitioner has purchased the property under a
registered sale deed dated 04.09.2026 and this property is
entirely different from the property mentioned in the complaint.
That being the position the Police cannot compel the petitioner
to visit the Police Station and settle the dispute as per the
terms of the Police and the complainant.

6. Learned High Court Government Pleader would
submit that there is an allegation regarding demolition of the
structure in the property. In addition to that, there is an
allegation of assault, as such, the matter requires investigation.
Digitally Signed by ANANT
RAMNATH HEGDE

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HC-KAR
NC: 2026:KHC:59972
CRL.P No. 16087 of 2026


CNR: KAHC010732992026



7. Learned counsel appearing for respondent No.2
would submit that in respect of a property owned by
respondent No.2, a civil suit is pending in O.S.No.6748/2022
and the suit was filed against the vendor of the petitioner and
in the said suit, the interim order was granted in favour of the
mother of respondent No.2 with effect from 07.09.2023 and
petitioner's vendor is restrained from interfering with the
possession of respondent No.2.

8. It is the further submission that the suit is pending
in respect of the same property for which the complaint is filed
and merely because a different description is shown in the sale
deed does not mean the alleged incident has not taken place.

9. Learned Senior counsel appearing for the petitioner
by way of reply would submit that one more suit in O.S.
No.7922/2026 is pending and the said suit is filed by
respondent No.2 and the schedule in the second suit is also
similar to the schedule in the complaint and the petitioner has
filed one more suit in O.S. No.7956/2026 in respect of the
property purchased by the petitioner. It is the submission that
the properties are different.
Digitally Signed by ANANT
RAMNATH HEGDE

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CRL.P No. 16087 of 2026


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10. Learned counsel appearing for respondent No.2
would contend that the petitioner and others who are not
named in the complaint have trespassed into the property
which is the subject matter of the suit filed by the mother of
respondent No.2 and only after the purchase during the
pendency of the suit, the alleged incident has taken place.

11. Learned Senior counsel appearing for the petitioner
would submit that the Police have no jurisdiction to call the
petitioner to settle the dispute and in case there has to be an
investigation, it has to be in accordance with law and a proper
notice has to be issued to the petitioner.

12. Learned Senior counsel would also submit that the
petitioner has the recording of the threat given by the Police
while calling upon the petitioner to visit the Police Station and it
is the further submission that the petitioner has the call records
of the calls made by the Police who repeatedly asked the
petitioner to visit the Police Station.

13. The Court has considered the contentions raised at
the Bar and perused the records.
Digitally Signed by ANANT
RAMNATH HEGDE

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CRL.P No. 16087 of 2026


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14. The Court is of the view that the dispute appears to
be relating to an immoveable property and the dispute is
relating to identity of the property. The Police cannot insist
upon the petitioner to settle the dispute as per the terms
imposed by the Police or by respondent No.2. However, since
there is an allegation of destruction of the structure and
allegation of assault, there has to be an objective investigation
into the matter.

15. The Police will have to follow the procedure. They
have to issue the notice to the petitioner.

16. The petitioner is at liberty to furnish all the records
in case he is called upon to join the investigation.

17. With these observations the Criminal Petition is
disposed of.

18. It is made clear that this Court has not expressed
anything on the merits or demerits of the contentions of both
the parties. All contentions are kept open.
Digitally Signed by ANANT
RAMNATH HEGDE

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HC-KAR
NC: 2026:KHC:59972
CRL.P No. 16087 of 2026


CNR: KAHC010732992026



19. Observations made in this order should not be
construed as having expressed any opinion on the merits of the
pending civil suits.

20. Any report to be filed by the Police is not reflection
of opinion of the title dispute pending between the parties.
Digitally Signed by ANANT
RAMNATH HEGDE


(ANANT RAMANATH HEGDE)
JUDGE
GVP
List No.: 2 Sl No.: 43