M. B. RAMU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners who are arraigned as accused Nos.1, 3 and 4 have filed this petition under Sec. 482 of Cr.P.C., with a prayer to quash the criminal proceedings pending against them in Spl.C.No.1740/2021 (PCR.No.10/2018) for the offences punishable under Ss. 504 , 420 , 464 , 465 , 467 of IPC and Ss. 3(1)(f)(g)(p)(q)(r)(s) , 3(2)(i)(ii) of Scheduled Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989.

(2.) In support of the petition, the petitioners have contended that on 8/3/2018, one Katamma and respondent Nos.2 to 7 have filed PCR.No.10/2018 falsely alleging that they tried to grab the property in Sy.No.135 and 136 of Binnamangala, now called Indiranagar of Bengaluru, which property earlier belong to Sri.Prakash Babu, who went missing in the year 1999 and unheard of. Thereby, the said properties are succeeded by his wife Saraswathi, who is no other than daughter of Smt.Katamma, complainant No.1. The said Smt Katamma died on 28/6/2008. It is claimed that Smt.Katamma and respondent Nos.2 to 7 are residing in the said properties and they belong to Scheduled Caste and that accused No.1 has created a Will and taken their signatures as witnesses on 29/12/2006 and that the accused persons are trying to knock off the said property and that accused Nos.3 and 4 abused them referring to their caste and that all the accused have wrongfully occupied the portion of land in possession of Smt.Katamma and other complainants and trying to transfer the said property and dispossess them.

(3.) The Special Court referred the complaint for investigation to ACP, Ulsoor (Halasur) Gate PS. After investigation, 'B' report is filed. The sworn statement of complainants were recorded and Exs.P1 to 13 are marked. Vide order dtd. 27/9/2021, the Special Court has ordered for registering case, which is being challenged in the present petition.