IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN CRIMINAL PETITION NO. 7190 OF 2022 BETWEEN:

1. R. HARISH S/O R.V.RAJAGOPAL REDDY AGED ABOUT 43 YEARS, 2. R. USHA REDDY W/O R. HAREESH AGED ABOUT 34 YEARS, BOTH PETITIONERS ARE R/AT NO.43, 6TH CROSS, VENKATESHWARA LAYOUT, Di gitally NEAR MATHAJI TEMPLE, signed by J.P.NAGAR, BENGALURU - 560 076.

GEETHA P G …PETITIONERS Location:

HIGH COU RT OF (BY SRI. B.A. NANJA REDDY, ADVOCATE A/W KARNATAKA SRI. SUNIL KUMAR PATEL, ADVOCATE FOR SRI. S.K. VENKATA REDDY, ADVOCATE)

AND:

1. STATE OF KARNATAKA BY KONANAKUNTE POLICE, KONANAKUNTE, BENGALURU - 560 062 REPRESENTED BY SPP HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

2. SATHISH FATHER NAME NOT KNOWN, EXECUTIVE ENGINEER, NO.1, SOUTH SUB-DIV(PLANNING)

BANGALORE DEVELOPMENT AUTHORITY, B.D.A. COMPLEX, BANASHANKARI 2ND STAGE, BENGALURU - 562 130.

…RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1;

SRI. K. MURUGESH V. CHARATI, ADVOCATE FOR R2)

THIS CRL.PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE CHARGE SHEET IN C.C.NO.12479/2022 ON THE FILE OF THE 2ND ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU CITY, FOR THE OFFENCE'S PUNISHABLE UNDER SECTION 447 R/W SEC.34 OF IPC, AGAINST THE PETITIONERS AND ETC., THIS PETITION, COMING ON FOR ADMISSION THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.I.ARUN

ORAL ORDER

The criminal petition is filed with the following prayers:

"(i) call for records, if necessary;

(ii) Quash the Charge sheet in CC No.12479/2022, on the file of the 2^nd Addl.Chief Metropolitan Magistrate, Bengaluru City, for the offence's punishable u/secs.447 r/w 34 of IPC, against the Petitioners;

(iii) Set aside the order dtd: 20.04.2022, passed in CC 12479/2022, pending on the file the 2^nd Addl. Chief Metropolitan Magistrate, Bengaluru City, for the offence's punishable u/secs. 447 r/w 34 of IPC, against the Petitioners., (iv) Grant such other order or orders, which this Hon'ble Court may be pleased to pass, in the circumstances of the case, to stall the abuse of process of Court, in the interest of justice."

2. Survey No.45/2 of Kottanur Village has been acquired by the Bangalore Development Authority (for short, 'the BDA') by issuing a final notification dated

19.10.1994. It is submitted that thereafter, a Notification under Section 16(2) of the Land Acquisition Act, 1894, has been passed recording the fact of taking possession of the property concerned. Thereafter, the petitioners claiming to be the owners of a site bearing Nos.39 and 48 formed in the said survey number were found to be building a compound wall. Hence, respondent No.2, who is an officer of the BDA, filed a complaint with respondent No.1-Police and C.C.No.12479/2022 for the offence under Section 447 read with Section 34 of the Indian Penal Code, 1860 (for short, 'the IPC') has been registered against the petitioners herein. Aggrieved by the same, the present petition is filed.

3. The petitioners claim that they are the owners of the property concerned. They have also produced a copy of the khatha issued by the Bruhath Bengaluru Mahanagara Palike (for short, 'the BBMP') in respect of the said two sites and claim lawful possession of the same. On the said ground, it is prayed that the criminal petition be allowed.

4. Per contra, the learned counsel for respondent No.2, upon instructions, submits that the property concerned has been acquired by the BDA in accordance with law and the possession has also been taken and it is also submitted that the acquisition was challenged before this Court and the same has been upheld. It is also submitted that the original owners have withdrawn the compensation. It is further submitted that the petitioners are subsequent purchasers who, under law, cannot have any right, title, or interest. As the petitioners were building a compound wall unauthorisedly and illegally, a complaint has be