The high court on Tuesday granted interim stay on proceedings initiated against Urban Development Minister Byrathi Basavaraj and former minister R Shankar in a criminal case related to a land dispute. The dispute pertains to a land in Kalkere village at KR Puram hobli in Bengaluru East taluk.
The criminal petition was moved by Basavaraj, Shankar and one A M Madappa.
Appearing for Basavaraj, senior counsel B V Acharya submitted that the special court for MPs and MLAs issued summons on November 25 to five accused in a private complaint filed by A Madappa.
The petitioners claimed that A Madappa’s father Annaiappa had sold 30 guntas of land to Basavaraj in 2003.
Annaiappa, who passed away in 2004, owned a large number of properties in and around Kalkere village. However, civil suits and criminal complaints were initiated alleging fraud and fabrication of documents in the transaction with Basavaraj that continued till 2020.
According to the petitioners, the original suit filed in 2003 was dismissed in 2015. Similarly, four private complaints were filed on identical allegations in which the police filed a ‘B’ report. In litigations that continued thereafter, the ‘B’ report was upheld by the high court.
The petitioners said that one more private complaint was filed by A Madappa in 2018, which was referred for investigation under section 202 (1) of the CrPC. The police submitted a report. Meanwhile, the case was transferred from the additional city civil and sessions judge to the special court.
The petitioners submitted that the court, without assigning reasons, disregarded the police report on September 9, 2021.
Subsequently, the case was transferred to another special court and this time, the court took cognizance of offences and issued summons on November 25, 2021.
The petitioners have challenged both the September 9 and November 25 orders.
Justice Sunil Dutt Yadav observed that the facts in the present private complaint are similar to the proceedings in an earlier private complaint.
Noticing that certain civil disputes are pending between the parties, the court said it is a fit case for grant of interim relief of stay for further proceedings till the next date of hearing.
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