SRI SREENIVAS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard Sri Abhishek Patil, learned counsel for the petitioners and Sri P. Thejesh, learned HCGP, for respondent No.1/State. Respondent No.2 is served with notice of this petition but she has not entered appearance.

(2.) This is a petition under Sec. 482 of Cr.P.C seeking to quash the proceedings in Special Case No. 909/2023 on the file of II Additional District and Sessions Judge, Bengaluru Rural District, which is also a Special Court for trial of offences under the Prevention of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The petitioners are facing trial for the offences punishable under Sec. 341, 406, 420, 447 of IPC and Sec. 3(1) (f), (g), (r) and (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short 'the Atrocities Act') read with Sec. 34 of IPC and Sec. 192A of the Karnataka Land Revenue Act.

(3.) The allegations found in the charge sheet are that totally 19 acres 31 guntas of land was granted in bits and pieces to several persons belonging to scheduled caste. But the grantees were found to be in possession of 14 acres 02 guntas and it was found that the remaining extent of 05 acres 29 guntas which had been granted in favour of CWs8 to 14 was renumbered as Sy. Nos. 54, 55, 101, 102, 103, 104 and 105 after re-survey. Accused 1 to 4 purchased this extent of land without obtaining permission from the Government and thus they took over the possession of the said land and constructed a compound wall around the entire land with a view to dispossessing the members of the scheduled caste by occupying the land belonging to them. There is also an allegation that they sold this land to some others.