Sri. A N Krishnappa v. The State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL PETITION NO.7917 OF 2019 BETWEEN:

¶1SRI. A N KRISHNAPPA S./O LATE NANJUNDAPPA AGED ABOUT 55 YEARS R/AT NO.540/2, MRF BLDG. MYSORE MAIN ROAD KENGERI BANGALORE-560060

¶2SRI D MAHADEVAIAH @ MAHADEVA S/O LATE DASAPPA AGED ABOUT 51 YEARS R/AT CHANNASANDRA VILLAGE UTTARAHALLI HOBLI BANGALORE-560098

…PETITIONERS (BY SMT. RADHIKA K, ADVOCATE FOR SRI. THIMMEGOWDA N, ADVOCATE) AND:

¶1THE STATE OF KARNATAKA RAJARAJESHWARINAGAR POLICE STATION KENGERI GATE SUB DIVISION BANGALORE CITY REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-560001

by DEVIKA M Location: HIGH COURT OF KARNATAKA

¶2SRI MEGHARAJA RAO M S/O LATE N TULAJAPPA AGED ABOUT 68 YEARS R/AT NO.202, SKANDA SHREE-06 SLV LAYOUT BANGALORE-560039

…RESPONDENTS (BY SRI SUHAS GOWDA M, ADVOCATE FOR R1; SRI K S RAGHURAM, ADVOCATE FOR R2)

THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE FIR IN CRIME NO.142/2019 REGISTERED BY THE 1ST RESPONDENT POLICE I.E., RAJARAJESHWARI NAGAR POLICE AND ETC.

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

CORAM:

HON'BLE MR. JUSTICE H.P.SANDESH

ORAL ORDER This matter is listed for admission. Heard the learned counsel appearing for the respective parties.

¶2The relief sought in this petition invoking Section 482 of Cr.P.C is to quash the FIR registered in Cr.No.142/2019 for the offences punishable under Sections 384, 447, 341, 506 read with Section 34 of IPC.

¶3Having perused the contents of the complaint dated

17.08.2019, it discloses that a specific allegation is made that on 02.08.2019 at 10.30 a.m. the accused/petitioners came near the site. When the complainant was cleaning the site, accused persons claimed that the land belongs to them and demanded an amount of Rs.50,00,000/- and also caused the life threat. Once again, on 12.08.2019 at 04.30 p.m. when the complainant went near the site, again accused persons came and caused the life threat. Being afraid of the same, complainant left the place and lodged the complaint and for delay in lodging the complaint also stated the same in the complaint. The police have registered the case based on the complaint dated

17.08.2019 and invoked the offences punishable under Sections 384, 447, 341, 506 read with Section 34 of IPC.

¶4While exercising the power under Section 482 of Cr.P.C, the Court has to take note that whether the contents of the complaint disclosed that the offences are committed or not. If the offences are prima facie discloses in the contents of the complaint, the Court should not venture to stay the further

investigation and also should not come in the way of investigating the matter. The law is settled to that effect is concerned. The Court has to only see that whether contents of the complaint discloses invoking of ingredients of the offences which have been invoked.

¶5Having considered the contents of the complaint, it discloses that the ingredients of the offences under Sections 384, 447, 506, 341 appears to be rightly invoked. The very contention of the counsel for the petitioners is that there was a civil dispute between the parties and suit was also filed and the same came to be decreed. But the same cannot come in the way in proceeding against the petitioners and only the IO has to examine the allegations and if allegations are not proved, then the IO is going to file a B-report. Hence, No ground is made ought to stall the investigation when the complaint discloses the ingredients of the offences which have been involved.

¶6The counsel appearing for the State also would submit that the specific date and time is also mentioned regarding causing of threat as well as demanding money and it

is a case of extortion and matter has to be investigated. Hence, there is a force in the contention of the counsel appearing for the State. Hence, no ground is made out to quash the FIR.

¶7In view of the discussions made above, I pass the following: ORDER The petition is dismissed.

Sd/- (H.P.SANDESH) JUDGE

SN