- 1 - NC: 2025:KHC:6173 CRL.P No. 1568 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1568 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: SMT LATHA M W/O LATE LAKSHMANA @ LAKSHMAIAH, AGED ABOUT 37 YEARS, R/AT GULAPURA VILLAGE, DODDABELE POST, THYAMAGONDLU HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT – 562 132. …PETITIONER (BY SRI. RAVIKUMARA B R.,ADVOCATE) AND: STATE BY KORATAGERE POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING -560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 12.12.202 PASSED IN THE SAID CRIMINAL CASE VIDE ANNEXURE-C AND CONSEQUENTLY ALLOW THE APPLICATION FILED BY THE PETITIONER HEREIN TO DIRECT THE TALUK THASILDAR, NELAMANGALA TALUK TO DELETE THE ENDORSEMENT IN THE COLUMN NO.11 OF RTC EXTRACT OF LAND IN SY.NO.51/1 OF GOLAPURA VILLAGE, THYAMAGONDLU HOBLI, NELAMANGALA TALUK AND IN S.C.NO.5033/2019, ON THE FILE OF HONBLE 4TH ADDL. DIST. AND SESSIONS JUDGE, TUMKUR, SITTING AT MADHUGIRI TO PASS SUCH OTHER ORDERS HAS THIS HONBLE COURT DEEMS FIT TO PASS IN THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6173 CRL.P No. 1568 of 2025 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs:- “ WHEREFORE it is prayed that this Hon’ble Court be pleased to call for the records in S.C.No. 5033/2019 on the file of Hon’ble 4th Addl. District and Session Judge, Tumkur, Sitting at Madhugiri and set-aside the order dated: 12.12.202 passed in the said Criminal case vide ANNEXURE-C and consequently allow the application filed by the Petitioner herein to direct the Taluk Thasildar, Nelamangala Taluk to delete the endorsement in the column No.11 of RTC extract of land in Sy No. 51/1 of Golapura Village, Thyamagondlu Hobli, Nelamangala Taluk and to pass such other orders has this Hon’ble Court deems fit to pass in the facts and circumstances of the case, in the ends of justice.” 2. Heard learned counsel for the petitioner and perused the material on record. 3. A perusal of the material on record will indicate that in S.C.No.5033/2019 one Srinivasa was arraigned as accused No.5 and said proceedings are pending before the sessions court for offences punishable under Section 302 and 201 of IPC. Petitioner is the wife of one late Lakshmana who stood as surety for the - 3 - NC: 2025:KHC:6173 CRL.P No. 1568 of 2025 aforesaid accused No.5 - Srinivasa in the said proceedings. For the purpose of standing as surety for accused No.5, the aforesaid Lakshmana offered immovable property of a land bearing Sy.No.51/1, Golapura village, Thyamagondlu Hobli, Nelamangala taluk and the same was accepted by the Sessions court, pursuant to which, the revenue authorities inserted the said survey number as surety in Col.11 of the RTC in relation to the said land. Subsequently, the said Lakshmana having expired, the aforesaid accused No.5 approached the Sessions Court and took regular bail by offering two new sureties namely Harish and Eranna and deposited a sum of Rs.50,000/-. Under these circumstances, in the light of the subsequent event of accused No.5 having offered fresh sureties and depositing a sum of Rs.50,000/- as directed by the Sessions Court, the petitioner being the wife of the aforesaid Lakshmana filed the instant application for a direction to the Tahsildar to delete entry in col.11 in relation to the suretyship offered by her husband in respect of the aforesaid land. The said application having been opposed by the 1st respondent – prosecution, the trial court proceeded to pass the impugned order dated 12.12.2024 rejecting the application, aggrieved by which, the petitioner is before this Court by way of the present petition. - 4 - NC: 2025:KHC:6173 CRL.P No. 1568 of 2025 4. A perusal of the material on record including the impugned order will clearly indicate that the trial court clearly misdirected itself in coming to the erroneous conclusion that the suretyship of the petitioner’s husband was not discharged despite accused No.5 having offered fresh sureties and depositing a sum of Rs.50,000/-. In other words, in the light of the subsequent event of accused No.5 who was earlier absconding, having appeared before the Sessions Court and offering fresh sureties for the purpose of obtaining bail and paying amount of Rs.50,000/-, the earlier suretyship of the deceased Lakshmana would stand discharged and fresh / new surety offered by accused No.5 would be relevant and subsisting for the purpose of said proceedings before the Sessions Court and consequently, the entries in the revenue records in particular column No.11 deserves to be deleted by issuing necessary directions in this regard. 5. In the result, I pass the following:- ORDER (i) Petition is hereby allowed. - 5 - NC: 2025:KHC:6173 CRL.P No. 1568 of 2025 (ii) The impugned order at Annexure-C dated 12.12.2024 passed in S.C.No.5033/2019 by the Sessions Court is hereby set aside. (iii) The application dated 12.11.2024 filed by the petitioner stands allowed. (iv) The jurisdictional Tahsildar is directed to delete the entry in Col.11 in relation to the RTC in Sy.No. 51/1, Golapura village, Thyamagondlu Hobli, Nelamangala taluk, immediately upon a receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl. List No.: 1 Sl No.: 39