ANAND Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard Sri Shivaraj S.Balloli learned counsel for the petitioner, learned counsel Sri K.L.Patil learned counsel for respondent Nos.2 and learned High Court Government Pleader for respondent No.1-State.

(2.) This petition is filed under Sec. 482 of Cr.P.C., with the following prayer.

(3.) Brief facts of the case are as under: A complaint came to be lodged by Smt.Seema Dinakarkumar with Camp Police Station, Khadebazar Sub- Division, Belagavi District which was registered in Crime No.93/2021 on 23/12/2021 for the offences punishable under Ss. 379, 380, 395, 445, 447, 448, 461 and 120B of the Indian Penal Code (" IPC " for short). Gist of the complaint averments reveal that, mother of the complainant by name Chaya Vasanth Kanvilkar was resident of property bearing VPC.No.574 in Vijayanagar, Belagavi, since 1978 and owner of the said house Sri Aruna Dattatreya Rege @ Sakhedkar had executed a sale agreement in her favour and therefore she was residing in the said property as an agreement holder exercising her right as part performance of the contract and that was the subject matter in O.S.No.879/2008 filed by mother of the complainant. During pendency of the suit the mother of the complainant has died and the suit came to be disposed of in favour of the accused. Thereafter, the complainant filed appeal in R.A.No.265/2015 before the IX Additional District and Sessions Judge, Belagavi ("First Appellate Court" for short). The said appeal came to be dismissed by the First Appellate Court. Against which, the complainant filed R.S.A.No.100045/2016 before this Court and the same is pending consideration. When the matter stood thus, on 8/12/2021 between 10.00 a.m. and 11.00 a.m., the present petitioner and other 15 to 20 persons came to the house of the complainant and ransacked the entire house threw away all the household articles and stolen away the precious items found in the House and also pushed away the inmates of the house and thereby sought for action.