K.KRISHNAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners are said to be arraigned as accused Nos.1 to 5 in Crime No.183/2016 registered by Tilaknagar Police Station, Bengaluru city, for an offence punishable under section 420 r/w 34 of IPC , 1860. Petitioner Nos.2 to 5 are the family members of petitioner No.1. This criminal petition is filed seeking for quashing of the entire criminal proceedings initiated against the petitioners in aforesaid crime number for the offences stated supra.

(2.) The case is set down for admission. But with the consent of learned Senior Counsel Sri.C.V.Nagesh appearing for the petitioners, who is appearing through video conferencing and learned HCGP for respondent No.1, who is present before the court physically, heard the arguments advanced by the learned senior counsel for the petitioners as well as the learned HCGP for respondent No.1 - State. Though notice has been served upon respondent No.2, who is de facto complainant, he remained absent.

(3.) It transpires in the complaint filed by the complainant that the landed property measuring 1 acre 1 1/2 guntas in Sy.Nos.30/6B and 31/1 of Roopena Agrahara Village, Begur Hobli, Bangalore South Taluk, belonged absolutely to petitioner No.1 - K.Krishnappa @ T.K.Krishnam Naidu. Under a registered Deed of Gift dated 24.2.2010, he gifted the said landed property in favour of petitioners Nos.2 to 5, who are his children. In recognition of their absolute ownership, they are also in exclusive possession and enjoyment of said landed property. The authority attached to BBMP, Bangalore, within whose jurisdiction the said property is situated, has registered katha in respect of the said property in the joint names of petitioner Nos.2 to 5.