- 1 - NC: 2025:KHC:9665 CRL.P No. 8818 of 2023 C/W CRL.P No. 12445 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.8818 OF 2023 (482 of Cr.PC) / 528(BNSS) C/W CRIMINAL PETITION NO.12445 OF 2023 IN CRL.P No. 8818/2023 BETWEEN: K.V.NANJUNDAIAH S/O VEERAPPAIAH , AGED ABOUT 62 YEARS, RETIRED SHIRASTEDAR, KADUR TALUK OFFICE, CHICKMAGALUR DISTRICT - 577548 AND ALSO R/AT. RAMESWARA NILAYA, HOUSING BOARD OPP, HENJAGONDANAHALLI BADAVANE, ARASIKERE TOWN , HASSAN DISTRICT - 573103. …PETITIONER (BY SRI. HARISH KUMAR.M.C., ADVOCATE) AND: 1. STATE BY KADUR POLICE CHIKKAMAGALURU DISTRICT Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:9665 CRL.P No. 8818 of 2023 C/W CRL.P No. 12445 of 2023 REPRESENTED BY STATE PUBLIC PROSECUTOR BANGALORE - 560001. 2. DR. KANTARAJA.K.J., SUB DIVISIONAL OFFICER, TARIKERE SUB DIVISION, TARIKERE, CHIKKAMAGALUR DISTRICT-577548. …RESPONDENTS (BY SRI. K.RAHUL RAI, HCGP FOR R1 & R2) THIS CRL.P FILED U/S 482 OF CR.PC PRAYING TO QUASH THE FIR IN CR.NO.209/2023 AGAINST THE PETITIONER FOR THE OFFENCES P/U/S 409, 34 OF IPC AND U/S 192(a), 192(b) OF KARNATAKA LAND REVENUE (AMENDMENT) ACT 2007 AGAINST THE PETITIONER AND PENDING AT PRL. CIVIL JUDGE (JR.DN.) AND JMFC COURT, KADUR, CHICKMAGALUR DISTRICT AND ETC. IN CRL.P NO.12445/2023 BETWEEN: 1. B.KIRAN KUMAR S/O LATE N.BASAVARAJU @ BASAVARAJAPPA, AGED ABOUT 34 YEARS, FORMER REVENUE INSPECTOR BIRUR, PRESENTLY WORKING AS SDA TALUK OFFICE, CHIKKAMAGALURU-577 101. AND ALSO R/AT. K HOSAHALLI, KADUR TALUK, CHIKKAMAGALURU DISTRICT - 577101. - 3 - NC: 2025:KHC:9665 CRL.P No. 8818 of 2023 C/W CRL.P No. 12445 of 2023 ...PETITIONER (BY SRI. HARISH KUMAR M C.,ADVOCATE) AND: 1. STATE BY KADUR POLICE CHIKKAMAGALURU DISTRICT. REP. BY STATE PUBLIC PROSECUTOR, BANGALORE-560 001. 2. THE ASSISTANT COMMISSIONER TARIKERE SUB DIVISION, TARIKERE, CHIKKAMAGALURU DISTRICT - 577548. ...RESPONDENTS (BY SRI. K.RAHUL RAI, HCGP) THIS CRL.P FILED U/S 482 OF CR.PC PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CR.NO.209/2023 AGAINST THE PETITIONER FOR THE OFFENCE UNDER SEC.409,34 OF IPC AND SEC.192(a),192(b) OF KARNATAKA LAND REVENUE (AMENDMENT) ACT 2007 PENDING ON THE FILE OF THE HON'BLE PRL.CIVIL JUDGE (JR.DN) AND J.M.F.C COURT, AT KADUR, CHIKKAMAGALURU DISTRICT AND ALL FURTHER PROCEEDINGS THEREON AND ETC. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ - 4 - NC: 2025:KHC:9665 CRL.P No. 8818 of 2023 C/W CRL.P No. 12445 of 2023 ORAL ORDER The petitioners/accused Nos.2 and 3 have presented these petitions under Section 482 of Cr.P.C., praying to quash the FIR in Crime No.209/2023 registered at Kadur Police Station, Chikkamagaluru, for offences punishable under Sections 409 read with Section 34 of IPC and Sections 192(a) and 192(b) of the Karnataka Land Revenue (Amendment) Act, 2007 (for short 'KLR Act, 2007'). 2. Heard Sri. Harish Kumar.M.C., learned counsel for the petitioners and Sri. K.Rahul Rai, learned High Court Government Pleader for the respondents. 3. Questioning registration of the FIR, the learned counsel for the petitioners would contend that, accused No.1 has also preferred a petition seeking quashing and this Court has allowed the said petition by an order dated 13.06.2024, taking into consideration Section 192(a) of the KLR Act, 2007, under which proceedings are instituted against the petitioners and held that a show-cause notice is required to be issued prior to registration of the crime. He contended, since there was no notice issued, this Court has quashed the impugned FIR. - 5 - NC: 2025:KHC:9665 CRL.P No. 8818 of 2023 C/W CRL.P No. 12445 of 2023 4. A copy of the order passed in Crl.P.No.9883/2023 dated 13.06.2024 preferred by accused No.1 is furnished along with memo. The same is taken on record. 5. The FIR is registered against accused Nos.1 to 3 namely Tahashildar, Shirasthedhar and Former Revenue Inspector, alleging that they have illegally effected change of katha in respect of the property in Sy.No.43 measuring about 5.04 acres situated at Kadur Taluk, Ullinagaru Village, Birur Hobli. 6. One of the contentions raised by the learned counsel for the petitioners is that 5.04 acres of land in Sy.No.43 of Ullinagaru Village was originally granted to one Hanumaiah S/o Chikkanna through darkasth and due to non-payment of tax, it was stated as "Government Beelu Land" and therefore, offences alleged under the provisions of the KLR Act, 2007 will not attract. 7. This Court in Crl.P.No.9883/2023 preferred by accused No.1, has quashed the impugned Crime No.209/2023 and all the proceedings taken thereto, pending before the Principal Civil Judge (Jr. Dn.) & JMFC Court, Kadur Taluk, - 6 - NC: 2025:KHC:9665 CRL.P No. 8818 of 2023 C/W CRL.P No. 12445 of 2023 Chikkamagaluru District. The petitioners herein are accused Nos.2 and 3 respectively in the very same case registered in Crime No.209/2023 of Kadur Police Station, Chikkamagaluru. The relevant paras of the above referred order are extracted herein under: "4. Section 192A of the Act under which proceedings are instituted against the petitioner requires a show cause notice to be issued prior to registration of the crime. The second respondent could not have registered the crime without at the outset granting an opportunity of hearing and without conducting any survey in the presence of the petitioner. This is by now too well settled principle of law as held by a Coordinate Bench of this Court in the case of SMT. LALITHA SASTRY v. STATE OF KARNATAKA – ILR 2008 KAR 4520, wherein the Coordinate Bench considering this very provision holds as follows: “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 - 7 - NC: 2025:KHC:9665 CRL.P No. 8818 of 2023 C/W CRL.P No. 12445 of 2023 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 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. 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:— "PÀ£ÁðlPÀ ¸ÀPÁðgÀ" ¸ÀASÉå: Dgï r 674 Jïf© 2008 PÀ£ÁðlPÀ ¸ÀPÁðgÀzÀ ¸ÀaªÁ®AiÀÄ, §ºÀĪÀĺÀrUÀ¼À PÀlÖqÀ, ¨ÉAUÀ¼ÀÆgÀÄ ¢£ÁAPÀ: 08.09.2008. - 8 - NC: 2025:KHC:9665 CRL.P No. 8818 of 2023 C/W CRL.P No. 12445 of 2023 ¸ÀÄvÉÆÛÃÉ ಷಯ ಒತುವ ಾದ ಸಾ ಜೕನನು ೆರವೊಸುವ ಬೆ ***** ಸಾ ಜೕನುಗಳ !ನ ಒತುವ ಯನು ೆರವೊಸುವ ಸಲು#ಾ$ ಕ&ಾಟಕ ಭೂ ಕಂ*ಾಯ ಾ+,ೆ -ದು,ಪ/ ತಂದು ಕಲಂ 192(ಎ)ರ ಅ/ಯ ! ಅಪ2ಾಧಗಳ4 ಮತು 67ೆಗಳ4 ಎಂಬ 8ೊಸ ಅ9ಾ:ಯವನು ;ೇಪ<ೆ =ಾಡ?ಾ$ರುತ*ೆ. ಸದ -ದು,ಪ/ ಾ+,ಯನ@ಯ ಸಾ ಜೕAನ ! ಅನBಕೃತ#ಾ$ ಒತುವ =ಾ/ೊಂ/ರುವವರ ರುದD EFನG Hಕದ,Iಗಳನು *ಾಖಲು =ಾಡಲು ಅವಾಶ ಕ Lಸ?ಾ$ರುತ*ೆ. ಸದ ಾ+,ಯ ಅ/ಯ ! EFನG Hಕದ,Iಗಳನು *ಾಖಲು =ಾಡುವ ಮುನ ಸಂಬಂBMದವ ೆ ಅವರು 8ೊಂNರುವ *ಾಖ?ೆಗಳನು 8ಾಜರು ಪ/ಸಲು ಒಂದು ಅವಾಶವನು (Opportunity) Aೕಡುವದು ಅವಶ:#ೆಂದು ಸಾರವ ಮನಗಂ/*ೆ. ಆದ, ಂದ ಕ&ಾಟಕ ಭೂ ಕಂ*ಾಯ ಾ+,ಯ ಕಲಂ 192(ಎ)ರ ಅ/ಯ ! ಒತುವ *ಾರರ ರುದD EFನG Hಕದ,Iಗಳನು *ಾಖಲು =ಾಡುವ ಮುನ ಈ ೆಳಕಂಡ =ಾಗಸೂQಗಳನು ಅನುಸ ಸುವಂೆ ಸೂQಸ?ಾ$*ೆ:- 1. ಸಾ ಜೕನನು ಒತುವ =ಾ/ೊಂ/ರುವ*ಾ$ -ದು ಬಂದ ತRಣ ಅಂಥ ವ:E / ಸಂ;ೆUೆ ಾವ ಆ9ಾರದ Iೕ?ೆ ಆ ಸಾ ಜೕAನ ;ಾ@Bೕನವನು 8ೊಂNರು-ೕ ಎಂಬ ಬೆ -M. ಅದೆV ಸಂಬಂಧಪಟW *ಾಖ?ಾ-ಗಳನು ಸೂಕ ವರXೆYಂNೆ Zತ ರೂಪದ ! 15 Nನಗ[ೆ\ಳಾ$ ಸRಮ ]ಾFBಾರೆV ತಲು^ಸಲು -ಸತಕVದು,. 2. AಗBತ ಅವBYಳೆ ಸಂಬಂBMದ ಒತುವ *ಾರರು ಾವ*ೇ *ಾಖ?ೆಗಳನು ಒದ$ಸ*ೇ ಇದ, ! ಸRಮ ]ಾFBಾರವ AಗBತ ಾ?ಾವB ಮು$ದ ನಂತರ ಒತುವ ಸUಳೆV `ೇa Aೕ/ ಾFಮಸUರ ಸಮRಮದ ! ತAbೆ ನ<ೆM ಒತುವ ಎಂದು ಕಂಡುಬಂದ ! ಮಹಜd ಬ2ೆದು ಅದೆV 8ಾಜ ದ, ಾFಮಸUರ ಸeಗಳನು ಪ<ೆದು ತದನಂತರ ಒತುವ *ಾರರ Iೕ?ೆ ಕ&ಾಟಕ ಭೂ ಕಂ*ಾಯ ಾ+, ಕಲಂ 192(ಎ) ರ/ಯ ! EFನG Hಕದ,Iಗಳನು *ಾಖ ಸಲು ಕFಮ ೆೆದುೊಳfತಕVದು,. - 9 - NC: 2025:KHC:9665 CRL.P No. 8818 of 2023 C/W CRL.P No. 12445 of 2023 3. ಒತುವ *ಾರರು &ೋaೕಸು ಪ<ೆದ ನಂತರ ಕgೇ ೆ `ೇa Aೕ/ *ಾಖ?ಾ-ಗಳನು 8ಾಜರುಪ/Mದ ! ಆ *ಾಖ?ಾ-ಗಳ &ೈಜೆಯನು ವರXೆYಂNೆ ಕೂಲಂಕುಷ#ಾ$ ಪ 6ೕ M, *ಾಖ?ಾ-ಗಳನು ನಕಲು ಅಥ#ಾ ಸೃiWತ ಎಂದು ಕಂಡುಬಂದ ! ಒತುವ *ಾರರ ರುದD ಭೂ ಕಂ*ಾಯ ಾ+, ಕಲಂ 192(ಎ)ರ/ಯ ! EFನG HಕVದ,I *ಾಖ ಸಲು ಕFಮ ೈೊಳfತಕVದು,. ¸À»/- r. vÀAUÀgÁeï ¸ÀPÁðgÀzÀ ¥ÀæzsÁ£À PÁAiÀÄðzÀ²ð, PÀAzÁAiÀÄ EÁSÉ (¨sÀÆ.ªÀÄA.), EªÀjUÉ, 1) JÁè ¥ÁæzÉòPÀ DAiÀÄÄPÀÛgÀÄ. 2) JÁè fÁè¢üPÁjUÀ¼ÀÄ, 3) JÁè G¥À«¨sÁUÁ¢üPÁjUÀ¼ÀÄ, 4) JÁè vÀºÀ²ÃÁÝgÀgÀÄ 5) ºÉZÀÄѪÀj ¥Àæw. fÁè¢üPÁjUÀ¼À ªÀÄÆ®PÀ " 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 proceedings if they are satisfied that there is encroachment. In the event of - 10 - NC: 2025:KHC:9665 CRL.P No. 8818 of 2023 C/W CRL.P No. 12445 of 2023 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. 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.” (Emphasis supplied) In the light of the afore-quoted circular and the facts obtaining in the case at hand, as not even a notice is issued at the hands of the competent authorities, the very registration of crime runs foul of the afore-quoted judgment of the Coordinate Bench. On this score, the petition deserves to succeed." - 11 - NC: 2025:KHC:9665 CRL.P No. 8818 of 2023 C/W CRL.P No. 12445 of 2023 8. In light of the order passed in the petition filed by accused No.1, these petitions preferred by accused No.2 and 3 also deserves to be allowed in the same terms. Accordingly, the following: ORDER (i) Criminal petitions are allowed. (ii) The impugned Crime No.209/2023 and all the proceedings taken thereto, pending against the petitioners, before the Principal Civil Judge (Jr. Dn.) & JMFC Court, Kadur, Chickmagalur District, stands quashed. (iii) Liberty is reserved to the State or its authorities to comply with the requirements as contemplated in the circular and the observations made in the course of the order, before initiating any action against the petitioners, if need arise. Sd/- (MOHAMMAD NAWAZ) JUDGE SMJ List No.: 1 Sl No.: 29