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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29^TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL PETITION NO.7228 OF 2019 BETWEEN:

1. S.D. VIJAYA KUMAR, S/O LATE DODDANANJAPPA, AGED ABOUT 53 YEARS.

2. S.D. MOHAN KUMAR, S/O LATE DODDANANJAPPA, AGED ABOUT 49 YEARS.

BOTH ARE R/AT ANNAPURNESHWARI NILAYA, 9^TH CROSS, SAMPIGE ‘B’ ROAD, ASHOK NAGARA, TUMAKURU-572102.

…PETITIONERS Digitally signed by DEVIKA M (BY SRI. KALYAN R., ADVOCATE)

Location: HIGH COURT OF AND:

KARNATAKA

1. THE STATE OF KARNATAKA, BY SIRA POLICE STATION, TUMAKURU RURAL SUB-DIVISION, TUMAKURU-572102, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560001.

2. SMT. B.R. RAJESWARI, W/O B.P. RUDRAPPA, AGED ABOUT 51 YEARS, R/AT RANGAPURA, NH-48, OORUKERE, TUMAKURU TALUK, TUMAKURU DISTRICT-572102.

…RESPONDENTS (BY SRI. SUHAS GOWDA M., HCGP FOR R1;

SRI. B. KUMARA, ADVOCATE FOR R2 - ABSENT)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE CHARGE SHEET FILED BY THE RESPONDENT POLICE IN CRIME NO.237/2018 ARISING OUT OF PCR NO.04/2018 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 426, 427 AND 500 OF IPC R/W SECTION 34 OF IPC, PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC AT SIRA, TUMAKURU DISTRICT, IN CC NO.449/2019.

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

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

ORAL ORDER

Heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for respondent No.1/State.

2. This petition is filed praying this Court to quash the charge-sheet in Crime No.237/2018 arising out of PCR No.4/2018, for the offence punishable under Sections 426, 427 and 500 of IPC read with Section 34 of IPC, pending on the file of the Senior Civil Judge and JMFC at Sira, Tumkur in C.C.No.449/2019.

3. The factual matrix of the case of the complainant in the complaint is that the complainant is the plaintiff in O.S.No.9/2010, wherein prayer was sought for declaration and possession and other reliefs against accused Nos.1 and 2. The said suit was dismissed on 24.06.2017 and aggrieved by the said judgment and decree, the complainant has filed an appeal in R.A.No.179/2017 and the same is pending before the III Additional District Judge at Tumakuru. The subject matter involved in the said case is with respect to the suit property described as items Nos.1 to 3. The sisters of the complainant, including the complainant herself have also filed a suit in O.S.No.40/2006, praying for the relief of partition and separate possession, claiming 1/5^th share and the said suit was decreed partly in favour of the complainant and her sisters. Aggrieved by the same, they preferred the regular appeal and the same is also pending. It is contended that accused Nos.1 and 2 have made a paper publication in the newspaper, namely, Praja Pragathi and Vijayavani on 17.01.2018 and in the said paper, an allegation is made that the complainant indulged in creation of documents and badly imputing the documents of the properties as false, bogus and further alleged about cheating the officials and attempting to alienate these properties to the public and requested the public not to have any transaction with the complainant. The accused Nos.3 and 4 without any basis and evidence have acted in collusion with accused Nos.1 and 2 and have made a wide publication, thereby it affected the image, character and reputation of the complainant in the society and the same attracts Sections 500, 427, 426 read with Section 34 of IPC. A prayer is also made to take cognizance against the accused persons. But the Trial Court passed an order invoking Section 156(3) of Cr.P.C. referring the matter to the police to investigate the matter and file the report. The police having investigated the matter, filed the charge-sheet. In column No.17, an accusation is made in terms of the contents of the complaint of PCR. The Trial Court has