Advocates:
['N RAVINDRANATH KAMATH', '', 'SHASHIREKHA MANJAYYA SHETTY', 'M R C MANOHAR &']

Crl.P.No.4426/2016

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13^TH DAY OF JULY 2021

BEFORE

THE HON9BLE MRS. JUSTICE K.S.MUDAGAL

CRIMINAL PETITION No.4426/2016

BETWEEN:

SMT.A.P.NAVITHA

D/O A.K.PEMMAIAH

W/O D.C.DHRUVA

AGED 36 YEARS

NISARGA LAYOUT

VIRAJPET TALUK 3 571 218

KODAGU

& PETITIONER

(BY SRI.N.RAVINDRANATH KAMATH, ADV.)

AND:

1.

THE STATE OF KARNATAKA

BY VIRAJPET POLICE STATION

VIRAJPET, REPRESENTED BY ITS

SUB INSPECTOR

REPRESENTED BY SPP

HIGH COURT BUILDING

BANGALORE 3 560 001

2.

THEETHIMADA KAVERAPPA

S/O LATE MEDAPPA

AGE:MAJOR

V.BADAGA VILLAGE

KUTTANDI POST

VIRAJPET TALUK 3 571 218

KODAGU

& RESPONDENTS

(BY SRI.M.T.NANAIAH, SENIOR COUNSEL FOR

SRI.M.R.C.MANOHAR, ADV. FOR R2;

SRI.K.S.ABHIJITH, HCGP FOR R.1)

Crl.P.No.4426/2016

2

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482

OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN

C.C.NO.303/2016 ON THE FILE CIVIL JUDGE AND JMFC,

VIRAJPET, KODAGU AGAINST THE PETITIONER.

THIS CRIMINAL PETITION HAVING BEEN HEARD AND

RESERVED FOR ORDERS ON 7^TH JULY 2021, COMING ON FOR

PRONOUNCEMENT OF ORDER THIS DAY, THE COURT MADE THE

FOLLOWING:

O R D E R

Accused No.1 has filed the above petition seeking

quashing

of

the

proceedings

against

her

in

C.C.No.303/2016 on the file of the Civil Judge and JMFC,

Virajpet. She is being prosecuted in the said case for the

offences punishable under Sections 447 and 379 IPC on

the basis of the charge sheet filed by Virajpet Police in

Crime NO.181/2014 of their Police Station.

2.

Crime No.181/2014 was registered against the

petitioner and her two sisters for the aforesaid offences on

the basis of the complaint of the second respondent as per

Annexure-C dated 24.12.2014. For the purpose of

convenience, the parties will be referred according to their

ranks before the trial Court.

3.

Coffee plantation bearing Sy.No.127/6 of

V.Badaga

village

measuring

2

acres

devolved

on

Crl.P.No.4426/2016

3

A.K.Kalappa the paternal grandfather of accused by

inheritance. A.K.Kalappa and his sons A.K.Pemmaiah and

A.K.Kuttappa sold the said property to the second

respondent/complainant under the registered sale deed

dated 20.06.2002. Kalappa had another daughter by

name Monnamma M.K. Accused are the daughters of

A.K.Pemmaiah.

4.

The accused filed O.S.No.213/2014 against

Kalappa and his children before the Senior Civil Judge,

Virajpet

claiming

that

Sy.No.127/6

and

the

other

properties shown in the suit schedule were ancestral joint

family properties and they also have 3/5^th share in the said

properties. They further claimed that Kalappa due to his

old age was not in sound state of mind to execute the sale

deed and there was no legal necessity. They sought

declaration that the sale deeds dated 20.06.2002 and

13.03.2008 executed in favour of T.M.Kaverappa and

Mullengada Kuttappa were null and void. They further

sought decree of partition and separate possession and

permanent injunction against alienation of property.

Crl.P.No.4426/2016

4

5.

In the said suit, complainant was arrayed as

first defendant. The complainant filed written statement

denying the right and possession of the accused over the

properties and the allegation of undue influence over

Kalappa in execution of the sale deed. He contended that

the sale was for legal necessity and the suit was barred by

time. Along with the written statement, he filed counter

claim alleging that on 23.12.2014 at 2.00 p.m. the

accused trespassed into the suit property, harvested the

coffee beans through their labours, thereby caused

damage to him to the tune of Rs.1,50,000/- (Crop value).

6.

The suit was filed on 08.12.2014. On

24.12.2014 the complainant filed complaint as per

Annexure-C against the accused alleging that they

trespassed into the property without any right, harvested

the coffee beans with the aid of 15 labours and took away

the same. He fur