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2025 Supreme(Kar) 160
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M. NAGAPRASANNA, J.
K.V. Chidananda S/o Kurunji Venkataramana Gowda - Appellant
Versus
The State of Karnataka - Respondent
Criminal Petition No. 12592 of 2023
Decided On : 02-07-2025
Advocate Appeared:
For the Appellants : Anant Mandgi, Cyril Prasad Pais
For the Respondents: A. Madhusudhana Rao, H. Shanthi Bhushan, Sowmya R.
Allegations against office bearers based on civil disputes do not meet necessary criminal standards, warranting quashing of charges under IPC Sections 448 and 506.
Headnote:(A) Indian Penal Code, 1860 - Sections 448 and 506 - Petitioners challenge the registration of a crime alleging trespass and intimidation - Court finds allegations of criminal trespass unfounded, as petitioners were office bearers of the institution in question - Issues arose from ongoing civil disputes between the parties. (Paras 3, 9, 11, 12)
(B) Legal Principles - The court held that the ingredients for both offences under Sections 448 and 506 were not met, concluding that the actions alleged were arising from civil disputes, thus quashing the implicated crime. (Paras 11, 12)
Facts of the case:
Petitioners, accused of illegal entry and intimidation, entered the premises of their own institution, alleging ongoing civil disputes regarding management roles - A complaint was registered following an incident on 06.10.2023.
Findings of Court:
The court determined that there was no foundation for the criminal charges presented and characterized the matter as an abuse of the legal process, leading to the quashing of the criminal proceedings.
Issues: The primary issues were whether the petitioners were criminally liable for trespassing into their own office and whether there was sufficient evidence for intimidation as per the necessary legal standards.
Ratio Decidendi: The court reasoned that without established intent or sufficient factual basis, the criminal allegations made against the petitioners were impermissible under the law.
Result: The criminal petition is allowed and the impugned crime is quashed.
| Table of Content |
|---|
| 1. registration and nature of crime. (Para 1 , 3 , 4) |
| 2. arguments concerning property rights. (Para 5 , 6 , 7) |
| 3. court's consideration of evidence. (Para 8 , 9) |
| 4. analysis of ipc sections related to offences. (Para 11 , 12) |
| 5. outcome of petition and implications. (Para 13) |
ORDER :
1. The petitioners - accused Nos.1 to 6 are at the doors of this Court calling in question registration of a crime in Crime No.115/2023 for offences punishable under Sections 448 , 506 read with 34 of the IPC.
2. Heard Sri Anant Mandgi, learned senior counsel appearing for the petitioners, Smt. Sowmya R., learned High Court Government Pleader for respondent No.1 – State, Sri A. Madhusudhana Rao, learned counsel representing respondent No.2 – complainant and Sri H. Shanthi Bhushan, learned Deputy Solicitor General of India for respondent No.3.
3. Sans details, facts in brief, are as follows:
Respondent No.2 is the complainant - wife of one Dr.Renuka Prasad. It transpires that the said Dr.Renuka Prasad claims to be the Secretary of the Institutions - Academy of Liberal Education, which runs 17 Institutions of various discipline in Dakshina Kannada district. The issue in the lis relates to an incident that takes place on 06.10.2023. The wife of Dr.Renuka Prasad, the second respondent registers the complaint before the jurisdictional police alleging that the petitioners herein - accused Nos.1 to 6 have entered into the premises unauthorisedly and have criminally intimidated the complainant. This becomes a crime in crime No.115/2023, registered for offences punishable under Sections 448 , 506 read with 34 of the IPC. The registration of the crime is what has driven these petitioners to this Court in the subject petition.
4. This Court by its order dated 07.12.2023, interdicted the proceedings and stayed the further investigation in the matter.
5. Learned senior counsel appearing for the petitioners would take this Court through the documents appended to the petition to demonstrate that as on the date, the petitioners were the office bearers of the Institution and had a right to enter into the Institution to which they were the office bearers elected pursuant to certain resolution. Therefore, the complaint alleging entering into the Institution cannot mean that they cannot enter into their own office or premises as the case would be. He would submit that the offences so alleged against these petitioners spring out of certain civil proceedings, which are pending before the concerned Court between the parties. He would therefore seek quashment of the crime.
6. Sri A. Madhusudhan Rao, learned counsel representing respondent No.2 - complainant would dispute the claim of the petitioners contending that the petitioners are the office bearers; several civil proceedings are pending between the parties; on the said cause of action, he would submit that the husband of the complainant gets convicted or was convicted as on the date of registration of the complaint, but the conviction is set aside by the Apex Court and is now acquitted of the offences. He would submit that the matter is still at the stage of investigation and further proceedings must be permitted to be continued as there are various disputed questions of fact in the case at hand. He would seek dismissal of the petition.
7. Learned High Court Government Pleader representing the State would also toe the lines of the learned counsel appearing for respondent No.2 - complainant and would seek dismissal of the petition.
8. I have given my anxious consideration to the submissions made by the learned counsel for the respective parties and have perused the material on record.
9. The afore-narrated facts are not in dispute. The link in the chain of events is what is narrated hereinabove. The entire issue gets triggered from registration of the complaint. Therefore, I deem it appropriate to notice the complaint. It reads as follows:
The complaint is that, the petitioners - accused have trespassed into the off
