Karnataka High Court
Sri A M Hanumanthegowda vs The State Of Karnataka on 1 April, 2024
Author: K.Natarajan
Bench: K.Natarajan
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NC: 2024:KHC:13258
CRL.P No. 6700 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 6700 OF 2022
BETWEEN:
1. SRI. A. M. HANUMANTHEGOWDA
S/O LATE MUNIYAPPA,
AGED ABOUT 47 YEARS,
R/AT SRI LAKSHMI FARM,
ULLALU VILLAGE, ULLALU POST,
100 FEET ROAD, 4TH BLOCK,
SIR M. VISVESHWARAIAH LAYOUT,
BENGALURU - 560 110.
2. SRI. DEVARAJU
S/O CHANDRAPPA,
AGED ABOUT 44 YEARS,
R/AT NO.15,
MARUTHINAGAR MAIN ROAD,
Digitally signed by SONNENAHALLI, ULLALU,
VEDAVATHI A K
BENGALURU - 560 056.
Location: High
Court of Karnataka ...PETITIONERS
(BY SRI. NAGAIAH, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY SHO, SHESHADRIPURAM
POLICE STATION,
SHESHADRIPURAM,
BENGALURU - 560 020.
REPRESENTED BY
STATE PUBLIC PROSECUTOR.
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NC: 2024:KHC:13258
CRL.P No. 6700 of 2022
2. SMT. V. A. DEVAKI
W/O SRI. A. A. GANESH,
AGED ABOUT 60 YEARS,
R/AT NEAR SHARADA SCHOOL,
VEDAVATHI NAGAR,
SUGAR FACTORY POST,
HIRIYURU,
CHITRADURGA DISTRTICT - 572 144.
...RESPONDENTS
(BY SMT. ANITHA GIRISH, HCGP FOR R1;
R2-SERVED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. PRAYING TO QUASH THE FIR IN CR.NO.85/2022
REGISTERED BY SHEHADRIPURAM P.S., THE RESPONDENT
NO.1 UNDER SEC.420, 384, 427, 448, 504, 506 R/W 34 OF IPC
PENDING ON THE FILE OF THE XXXII A.C.M.M., AT
BENGLAURU.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioners/accused Nos.1 and 2, under section 482 of Cr.P.C. for quashing FIR in Crime No.85/2022 registered by Seshadripuram Police station for the offences punishable under Sections 420, 384, 427, 448, 504, 506 read with 34 of IPC
2. Heard the arguments of learned counsel for the petitioners and learned HCGP for the State. -3-
NC: 2024:KHC:13258 CRL.P No. 6700 of 2022
3. The case of the prosecution is that, on the complaint of respondent No.2 filed on 12.6.2022, the police registered FIR. It is alleged by the complainant in her complaint, that she has purchased a site from accused No.1 on 12.10.2012 which is situated at Site No.2191/4, 5th Block, Sir.M.Visveshwaraiah Layout, Bengaluru measuring 15 x 24 meter. Thereafter, she also obtained Khatha in her name in the year 2012 itself. Subsequently, there was a shed constructed by the accused, that she was continued to be in possession. Later, she went to her native place and during Covid-19 lockdown, she was unable to come near the site. Later, when she came near the site, in April 2022, she found one Ravi was inside the shed, by break opening the gate lock and also door lock of the shed. On enquiry, he said to have told that he is having the possession, as per the instruction given by accused Nos.1 and 2. Then she also shown the documents that she is the owner of the property, but he has not agreed to vacate. Therefore, she contacted accused No.1. Later, the accused Nos.1 and 2 said to have asked her to come near the BDA office, at Seshadripuram police station limit. The accused No.1 said to be told that they will settle the issue, provided if she pays Rs.1 -4- NC: 2024:KHC:13258 CRL.P No. 6700 of 2022 crore more as earlier consideration was only Rs.48 lakhs. Therefore, he demanded Rs.1 crore more for allowing her to take the possession. Once again he said to have called her in the month of May 2022 and demanded money. Also, said to have threatened to kill her, if she has not paid. He said to have abused her in filthy language. Therefore, she filed complaint. After registering the FIR, the police started investigating matter. At that time, petitioner approached this court for the stay.
4. Learned counsel for petitioners contented, the matter is very serious in nature and the property situated at Visveshwaraiah Layout, Bangalore, within the limit of Annapoorneshwari Layout limit Police station or Magadi Road Police station, but she has filed complaint in Seshadripuram police station and she is residing at Yediyur Taluk, Chitradurga. Therefore, there is no offence committed within the jurisdiction of the Sheshadripuram Police station. The Sheshadripuram police station had no jurisdiction and hence prayed for quashing the matter.
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NC: 2024:KHC:13258 CRL.P No. 6700 of 2022
5. Per contra learned HCGP seriously objected the petition contending that in the jurisdiction of Sheshadripuram police, the accused person threatened and were trying to extort money by demanding Rs.1 crore from the complainant, which attracts 384 of IPC. Therefore, submits that Sheshadripuram police have power to investigate the matter. Hence, prayed for dismissing the petition.
6. Having heard the arguments perused the records, on perusal of the same, it is not in dispute, the petitioner/accused No.1 showed the said site to the respondent No.2 by executing sale deed in the year 2012 itself. Subsequently, she also said to be taken the Khatha from the BDA. Though there was shed, the electricity connection was continuing in the name of accused No.1 and when the complainant was away from the site, the accused Nos.1 and 2 said to be allowed accused No.3 to stay in the said shed and he is not ready to vacate, as per the instruction of accused No.1, he is in possession. The complainant contacted the accused, he said to have demanded Rs.1 crore, more. If not paid, he will not allow her to take the house, otherwise he will kill her. On perusal of the records, the alleged offences under Sections 448 and 427 of IPC, where the -6- NC: 2024:KHC:13258 CRL.P No. 6700 of 2022 trespass by the accused persons by break opening the locks which also attracts 427 of IPC and with the intention to cheat the complainant the accused allowed the accused No.3 inside the house. Therefore, these offences falls within the jurisdiction of Visveshwaraiah Layout, where the concerned jurisdiction police required to investigate the matter. However, the accused said to be called the complainant to the BDA office, where it is situated in the Sheshadripuram police station limit, where he said to have demanded second time for Rs.1 crore which is nothing but extorting the complainant, which comes under section 384 of IPC. As per section 181 (3) of Cr.P.C., any offence of theft or extortion or robbery may be enquired into or paid by the court within whose local jurisdiction, the offence was committed or stolen property which is subject to the offence or possession by any person committing it, or by any person who received it or retained, such property, knowingly or having reason to believe to be stolen property. As per section 180 of Cr.P.C., when an act is an offence have reason to the relation to any other act, it is also an offence which would be an offence, if the doer is capable for committing offence, the first mentioned offence may be -7- NC: 2024:KHC:13258 CRL.P No. 6700 of 2022 inquired into tried by the court within whose local jurisdiction where the offence was committed. Herein this case, though the first offence was committed at Visveshwaraiah Layout police station limit and subsequently offence was committed in Sheshadripuram police station limit. Of course, for the offence under Section 384 of IPC, where the Sheshadripuram police jurisdiction limit attracts the commission of offence. However, the main offence starts from Nagarbhavi,, Jnanabharathi, Chandra layout or Annapoorneshwari Nagar Police station limit, which is altogether different from Sheshadripuram police station limit. Therefore, the FIR ought to be transferred or investigation ought to be transferred to the Visveshwaraiah Layout police or to either of the jurisdictional police for investigating the matter. Therefore, where part of the offence was committed at Sheshadripuram, no doubt the police station cannot refuse registering the FIR and they can register zero FIR and transfer the investigation to the concerned jurisdiction police for investigating the matter. Such being the case, I am of the view, the Sheshadripuram police station cannot alone investigate the matter. However, the police station which comes under the limit of Jnanabharathi or Chandra layout or -8- NC: 2024:KHC:13258 CRL.P No. 6700 of 2022 Annapoorneshwari Police station limits are having jurisdiction to investigate the matter. Therefore, nearly on the point of jurisdiction, the FIR cannot be quashed. However, it is directed to transfer the same to the concerned police, in order to meet the ends of justice. Accordingly, I proceed to pass the following order;
ORDER The petition is allowed in part.
The Sheshadri Puram police is hereby directed to transfer the investigation in Crime No.85/2022 registered by Seshadripuram Police station to the concerned jurisdiction police where the Site No.2191/4, 5th Block, Sir.M.Visveshwaraiah Layout, Bengaluru is situated and concerned police are directed to investigate the matter and file the report in accordance with law.
Sd/-
JUDGE AKV List No.: 1 Sl No.: 27 CT:SK