IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO.3679 OF 2024 BETWEEN:

1. LOKESH .S S/O LATE PUTTARAJU, AGED ABOUT 52 YEARS, R/O SUNDAHALLI VILLAGE, SHRAVANABELAGOLA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT-573201.

ALSO R/O 502 G.F. PADMASRI NILAYA, 25^TH MAIN, 2^ND CROSS, BTM 2^ND STAGE, BANGALORE SOUTH, BANGALORE-560076.

2. KEMPEGOWDA S.P.

S/O LATE PUTTARAJU, AGED ABOUT 36 YEARS, Digitally signed R/O SUNDAHALLI VILLAGE, by NAGAVENI SHRAVANABELAGOLA HOBLI, Location: High CHANNARAYAPATNA TALUK, Court of HASSAN DISTRICT-573201.

Karnataka

3. MANJULA W/O RANGAPPA B.K., AGED ABOUT 45 YEARS, R/O SUNDAHALLI VILLAGE, SHRAVANABELAGOLA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT-573201 PERMANENT R/O #01, SAPTHAGIRI NILAYA, 12^TH V CROSS, 15^TH MAIN, MICO LAYOUT, BTM 2^ND STAGE, NEAR POLICE STATION, BANGALORE CITY-560076.

…PETITIONERS (BY SRI GIRISH B. BALADARE, ADVOCATE)

AND:

1. STATE OF KARNATAKA STATE BY SHRAVANABELAGOLA POLICE STATION, HASSAN DISTRICT-573201 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE-560001.

2. JAYALAKSHMAMMA W/O VISHAKANTAIAH, AGED ABOUT 60 YEARS, R/O CHALYA VILLAGE, SHRAVANABELAGOLA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT-573201.

…RESPONDENTS (BY SRI B.N. JAGADEESHA, ADDL. SPP FOR R-1;

SRI J.C. KUMAR, ADVOCATE FOR R-2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C. PRAYING TO QUASH THE CHARGE SHEET FILED AGAINST THE PETITIONERS IN CRIME NO.168/2023 REGISTERED BY SHRAVANBELOGALA POLICE, HASSAN DISTRICT FOR THE OFFENCE P/US 447, 354, 504, 506 R/W SECTION 34 OF IPC AND SECTION 3(1)(r)(s), 3(1)(g) OF SCHEDULED CASTE AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) AMENDMENT ORDINANCE 2015, VIDE ANNEXURE-A PENDING ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS COURT AT HASSAN IN SPECIAL CASE NO.53/2024.

THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioners three in number, accused 1, 2 and 3, stand at the doors of this Court, calling in question proceedings in Special Case No.53/2024 registered for the offences under Sections 447, 354, 504, 506 read with Section 34 of the IPC and Sections 3(1)(r), 3(1)(s) and 3(1)(g) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (hereinafter referred to as ‘the Act’ for short).

2. Heard Sri Girish B. Baladare, learned counsel for the petitioners, Sri B.N.Jagadeesha, learned Additional State Public Prosecutor for respondent No.1 and Sri J.C.Kumar, learned counsel for respondent No.2.

3. Facts enumerated are as follows:

The tussle is between the complainant and these petitioners for a particular piece of land, which the petitioners claim that they are in unauthorised occupation and the complainant claims that it has been granted to her way back in the year 1978. Owing to certain dispute with regard to the said land, the complainant was constrained to institute a suit in O.S.No.956/2023 to protect her possession and restraining the petitioners from interfering with the property. The concerned Court in OS 956/2023 granted an injunction on 25.11.2023. After the grant of injunction, the petitioners appear to have trespassed into the property belonging to the complainant and hurled certain abuses, which would become the ingredients of the offences under the Act. The police after investigation, filed a charge sheet for the afore-quoted offences. Filing of the charge sheet is what has driven these petitioners to this Court in the subject petition.

4. The learned counsel Sri Girish B Baladare appearing for the petitioners would vehemently contend that the petitioners 1 and 3 were not at the spot at all. The first petitioner/accused No.1 is, in fact a teacher who is teaching in a private Institution at Bengaluru. Accused No.2 has applied for regularisation of his unauthorised occupation of the land.

Therefore, it is