- 1 - NC: 2025:KHC:1546 CRL.P No. 58 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.58 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SRI M VEERANNA, S/O LATE MUNIYAPPA, AGED ABOUT 70 YEARS, R/AT NO.180, MOSQUE ROAD, BOODIGERE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562110 2. SRI B R BHASKAR S/O LATE L RAMAIAH, AGED ABOUT 58 YEARS, R/AT THIMMAKKA ESTATE, ”BRUNDAVANA”, RAMASWAMYPALYA, MARATHAHALLI POST, BENGALURU-560037 …PETITIONERS (BY SRI. VIJETHA R NAIK, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH CHENNARAYAPATNA POLICE STATION, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING, BENGALURU-560001 2. SRI GOUTHAM D AGED ABOUT 43 YEARS, OCC: VILLAGE ACCOUNTANT, BUDIGERE CIRCLE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562110 …RESPONDENTS (BY SMT. M.M.WAHEEDA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE COMPLAINT AND FIR IN CR.NO.145/2024 REGISTERED BY THE 1st RESPONDENT Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:1546 CRL.P No. 58 of 2025 CHENNARAYAPATANA P.S., AGAINST THE PETITIONERS FOR THE ALLEGED OFFENCE P/U/S 192(A) OF THE KARNATAKA LAND REVENUE ACT, 1964, PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN) AND JMFC COURT, DEVANAHALLI, BENGALURU RURAL DISTRICT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners seek the following reliefs: “Wherefore, the petitioners most humbly pray that this Hon’ble Court may be pleased to quash the Complaint and FIR in Crime No.0145/2024 registered by the 1st respondent Chennarayapatana Police Station against them for alleged offence punishable under Sec.192(A) of the Karnataka Land Revenue Act, 1964, pending on the file of the Addl. Civil Judge (Jr.Dn.) and JMFC Court, Devanahalli, Bengaluru Rural District, in the interest of justice.” 2. Heard learned counsel for the petitioners and learned HCGP for the respondents and perused the material on record. 3. A perusal of the material on record will indicate that the impugned proceedings arising out of the complaint registered as FIR in Crime No.145/2024 for the offence punishable under Section 192-A of the Karnataka Land Revenue (Amendment) Act, 2007 - 3 - NC: 2025:KHC:1546 CRL.P No. 58 of 2025 was not been preceded by the Show Cause Notice prior to registration of the FIR. 4. 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 under: “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. 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 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 - 4 - NC: 2025:KHC:1546 CRL.P No. 58 of 2025 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:— In vernacular xxxxx 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 alleged encroachers producing documents to examine the - 5 - NC: 2025:KHC:1546 CRL.P No. 58 of 2025 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. 6. Hence, I pass the following order:— (a) Writ Petitions are allowed. (b) The impugned orders and proceedings are hereby quashed. (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. (d) All the contentions urged in the Writ Petitions are kept open to be adjudicated if and when occasion arises. - 6 - NC: 2025:KHC:1546 CRL.P No. 58 of 2025 4. In the instant case, it is an undisputed fact borne out from the material on record that prior to initiation of the impugned proceedings, for alleged offence 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. 5. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) The impugned FIR and complaint filed against the petitioners in Crime No.145/2024 by the Chennarayapatana Police Station for the offence punishable under Section 192(A) of Karnataka Land Revenue Act, 2007 pending on the file of the Addl. Civil Judge & JMFC Court, Devanahalli, Bengaluru Rural District is hereby quashed. (iii) Liberty is reserved in favour of the respondents to initiate appropriate proceedings against the petitioners in - 7 - NC: 2025:KHC:1546 CRL.P No. 58 of 2025 accordance with law subject to all just exceptions and all defences available to the petitioners. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 90