Rathnamma Vs State of Karnataka

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NC: 2025:KHC:3924 CRL.P No. 10262 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.10262 OF 2023 (482(Cr.PC) / 528(BNSS)

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BETWEEN:

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RATHNAMMA W/O RAMANJINAPPA AGED ABOUT 67 YEARS, R/AT NO.175, KOIRA DEVANAHALLI KOIRA BENGALURU RURAL – 562 110.

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GOWRAMMA W/O SHIVANNA AGED ABOUT 62 YEARS R/AT KOIRA DEVANAHALLI KOIRA BENGALURU RURAL – 562 110.

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Digitally signed by LEELAVATHI S R Location: High Court of Karnataka

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NANJUNDA MURTHY N S/O NARAYANSWAMY AGED ABOUT 53 YEARS R/AT NO.224, KOIRA DEVANAHALLI KOIRA BENGALURU RURAL – 562 110.

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KESHAVAMURTHY K R S/O K CHIKKARAMAIAH AGED ABOUT 53 YEARS, R/AT NO.120, KOIRA KUNDANA HOBLI DEVANAHALLI KOIRA BENGALURU RURAL – 562 110.

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RAMANJINAPPA K S/O KIRAHNAPPA K AGED ABOUT 57 YEARS,

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NC: 2025:KHC:3924 CRL.P No. 10262 of 2023

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R/AT NO.166, KOIRA DEVANAHALLI KOIRA

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BENGALURU RURAL – 562 110.

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RAJANNA S/O HANUMAPPA AGED ABOUT 46 YEARS R/AT NO.53, KOIRA DEVANAHALLI KOIRA BENGALURU RURAL – 562 110.

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GOWRAMMA

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W/O MUNIRAJU AGED ABOUT 52 YEARS R/AT NO.58, KOIRA KUNDANA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL – 562 110.

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…PETITIONERS

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(BY SMT. KEERTHI REDDY AND SRI. ABHISHEK KUMAR, ADVOCATES) AND:

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STATE OF KARNATAKA STATE BY VISHWANATHAPURA POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001.

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SHIVARAJU S/O BASAVEGOWDA AGED ABOUT 59 YEARS TAHSILDAR OF DEVANAHALLI TALUK OFFICE AT DEVANAHALLI BENGALURU RURAL DISTRICT - 562 110.

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…RESPONDENTS

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(BY SRI. THEJESH P., HCGP)

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THIS CRL.P. IS FILED U/S 482 CR.PC PRAYING TO QUASH THE FIR AND COMPLAINT FILED AGAINST THE PETITIONERS IN CR.NO.122/2023 FILED BY

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NC: 2025:KHC:3924 CRL.P No. 10262 of 2023

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VISHWANATHPURA P.S., FOR THE OFFENCE P/U/S 420, 465, 468, 471 AND SEC. 192(A) OF KARNATAKA LAND REVENUE ACT, 2007, PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC COURT, DEVANAHALLI, BENGALURU DISTRICT BY THE RESPONDENT VISHWANATHAPURA POLICE.

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THIS PETITION, COMING ON FOR ADMISSION , THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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In this petition, petitioners seek the following relief:

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“ WHEREFORE, the petitioners respectfully pray that this Hon’ble court be pleased to quash the FIR and complaint filed against the Petitioners in Crime No.122/2023 filed by Vishwanathapura P.S., for the offences punishable under Sections 420, 465, 468, 471 & Section 192(A) of Karnataka Land Revenue Act, 2007 pending on the file of the Addl. Civil Judge & JMFC Court, Devanahalli, Bengaluru District by the Respondent Vishwanathapura Police in interest of justice.”

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Heard learned counsel for the petitioners and learned

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HCGP for the respondents and perused the material on record.

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A perusal of the material on record will indicate that the impugned proceedings arising out of the complaint registered as

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NC: 2025:KHC:3924 CRL.P No. 10262 of 2023

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FIR in Crime No.122/2023 for the offences punishable under Section 420, 465, 468, 471 of IPC and Section 192-A of the Karnataka Land Revenue (Amendment) Act, 2007 was not been preceded by the Show Cause Notice prior to registration of the FIR.

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Under identical circumstances, in the case of Smt.Lalitha Sastry Vs. State of Karnataka and others – ILR 2008 KAR 4520, the Co-ordinate Bench of this Court has held as

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under:

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“In all these Writ Petitions the petitioners are seeking the relief of quashing the complaint filed by the Tahsildar against them with the jurisdictional Station House Officer and the proceedings initiated against the petitioners before the Chief Metropolitan Magistrate/Chief Judicial Magistrate as well as the charge sheets filed against them.

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2. The main grievance of the petitioners in all these cases is, they are in occupation of the disputed land in question in their own right. It is not a Government land. They have not encroached upon any portion of the Government land. In fact some of them are purchasers of such lands. They are put in possession by their vendors, on the basis of documents handed over to them at the time of purchase. They are not aware of the factual position and may be innocent also. In spite of the same these proceedings are initiated against them as if they have encroached the Government land which is made an offence now by amendment of the Karnataka Land Revenue Act by introducing Section 192A. Some of them contend if any survey had been conducted with any notice to them and if it was shown to them that the land which is in their

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NC: 2025:KHC:3924 CRL.P No. 10262 of 2023

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occupation or any portion of it is a Government land, they would have surrendered the said land. However, without giving any such opportunity, without conducting any survey in their presence, on the basis of Mahazars conducted, on the basis of documents to which they are not parties, a complaint is lodged by the Tahsildar with the jurisdictional police who in turn has initiated criminal proceedings and charge sheets are filed. Therefore, they seek for quashing of the entire proceedings.

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3. After notice the Government entered appearance and supported their action. After hearing the matter at length when it was suggested to the Government that an opportunity ought to have been given to these petitioners and persons who are similarly placed, who if they are convinced that they are in occupation of a Government land, without any intention of entering upon the said land or continued to occupy the said land, they may voluntarily give up such possession. Time was taken to consider whether a provision could be made to adjudicate these aspects before initiation of proceedings. Today a memo is filed on behalf of the Government enclosing a circular dated 8.9.2008. The said circular reads as under:—

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In vernacular xxxxx

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4. From the aforesaid circular it is clear the Government is now convinced that an opportunity should be given to all those alleged encroachers of Government land before any proceedings are initiated under Section 192 A of the Act. In fact it stipulates a procedure under which a show cause notice is to be given calling upon those alleged encroachers to file their objections within 15 days. If no objections are received authorities are called upon to visit the spot, conduct a Mahazar in the presence of the villagers, obtain their signatures and thereafter to initiate criminal

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NC: 2025:KHC:3924 CRL.P No. 10262 of 2023

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proceedings if they are satisfied that there is encroachment. In the event of alleged encroachers producing documents to examine the same and only in the event of the said documents are found to be fabricated or duplicate, to initiate proceedings under Section 192A of the Act. In fact the said procedure contemplated by the Government satisfy the requirement of principles of natural justice, an opportunity is given to these persons to realise whether they have occupied a Government land and if they are convinced to surrender possession to avoid criminal prosecution. That would meet the ends of justice. In that view of the matter, as the criminal prosecution is launched against all these petitioners without affording an opportunity to have their say and in the light of the circular which is passed by the Government, these proceedings cannot be sustained.

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5. In W.P. Nos. 3969/2007, 1023/2008 and 3550/2008 the petitioners have also challenged the constitutional validity of the said circular. However, for the time being they submit they would not press the said point. Therefore, the constitutional validity of the said provision is not considered.

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6. Hence, I pass the following order:—

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(a) Writ Petitions are allowed.

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(b) The impugned orders and proceedings are hereby quashed.

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(c) Liberty is reserved to the State or its authorities to comply with the requirement as contemplated in the circular before initiating any action against the petitioners if need arise.

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(d) All the contentions urged in the Writ Petitions are kept open to be adjudicated if and when occasion arises.

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NC: 2025:KHC:3924 CRL.P No. 10262 of 2023

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4. In the instant case, it is an undisputed fact borne out

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from the material on record that prior to initiation of the impugned proceedings, for alleged offences under Section 192-A of the Karnataka Land Revenue (Amendment) Act, 2007, the respondent had not issued the Show Cause Notice to the petitioners, in the absence of which, the impugned proceedings deserves to be quashed.

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In the result, I pass the following:

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ORDER

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(i) The petition is hereby allowed .

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(ii) The impugned FIR and complaint filed against the petitioners in Crime No.122/2023 by the Vishwanathapura Police Station for the offences punishable under Sections 420, 465, 468, 471 & Section 192(A) of Karnataka Land Revenue Act, 2007 pending on the file of the Addl. Civil Judge & JMFC Court, Devanahalli, Bengaluru District is hereby quashed.

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(iii) Liberty is reserved in favour of the respondents to initiate appropriate proceedings against the petitioners in

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