- 1 - HC-KAR NC: 2025:KHC:27109 CRL.P No. 7989 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 7989 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: R. KUMAR S/O LATE G RAMAIAH AGED ABOUT 48 YEARS R/AT NO 62, 3RD CROSS, NAGAWARA VAYALIKAVAL, HBCS LAYOUT, NEAR ARABIC COLLEGE, BANGALORE-560045 …PETITIONER (BY SRI. P PRITHVI KIRAN SETTY, ADVOCATE) AND: 1. STATE OF KARNATAKA BY SHESHADRIPURAM POLICE STATION, BANGALORE-560020 2. RAVI K S/O KRISHNAPPA, AGED ABOUT 42 YEARS, POLICE INSPECTOR, BDA, VIGILANCE, BDA OFFICE, K P WEST, SHESHADRIPURAM BANGALORE-560020 Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27109 CRL.P No. 7989 of 2023 BOTH ARE REP BY SPP, HIGH COURT COMPLEX, BENGALURU-560001 …RESPONDENTS (BY SRI.VENKAT SATYANARAYAN.A, HCGP FOR R1; V/O DTD: 10.06.2025 NOTICE TO R2 IS H/S) THIS CRL.P IS FILED U/S. 482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE FIR IN CR.NO.58/2020, REGISTERED SESHADRIPURAM P.S., DATED 11.09.2020 FOR THE OFFENCES P/U/S 120B,167,177,182,409,465,468,470,471,473,420 R/W 34 OF IPC WHICH IS PENDING ON THE FILE OF IV A.C.M.M, COURT AT BENGALURU. THIS PETITION, COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER Petitioner who is arraigned as accused No.7 has filed this petition under Section 482 of the Code of Criminal Procedure, seeking quashing of criminal proceedings initiated against him in Cr.No.58/2020 of Sheshadripuram PS, for the offences Sections 120-B, 167, 177, 182, 409, 420, 465, 468, 470, 471, 473, r/w Section 34 of IPC. - 3 - HC-KAR NC: 2025:KHC:27109 CRL.P No. 7989 of 2023 2. In support of the petition, the accused No.1 contended that he is innocent of the alleged offences. He has not committed any offence as alleged. The complaint averments does not attract any of the ingredients of these offences. Petitioner is working as Superintendent in BDA. He is not the whole and sole person to allot the sites to the beneficiaries. Decision on this aspect would be taken collectively, including the Commissioner of BDA. The allotments are approved by the Secretary as well as the Commissioner. The petitioner has not received any consideration for the allotment of the sites. The complaint is filed on 11.09.2020. So far charge sheet is not filed. Therefore, the criminal proceedings against him would amount to abuse of the process of the Court and hence the petition. 3. On the other hand, learned High Court Government Pleader representing respondents would submit that as per the proceedings dated 25.05.1998, - 4 - HC-KAR NC: 2025:KHC:27109 CRL.P No. 7989 of 2023 subject No.102/1998 of Bengaluru Development Authority ('BDA' for short), a decision was taken that lands in between Varthur Road and Sarjarpura, Old Madras Road and Varthur Road, totally measuring 127 acres of land was required for forming outer ring road and out of this, buildings constructed in 27 revenue sites are to be demolished and the owners should be allotted alternative sites subject to production of ownership documents. A list of owners of 23 buildings which were demolished was also prepared during the said meeting. Accordingly, in Sy.No.26/1 of Kadubeesanahalli, Varthur Hobli, Bengaluru South Taluk, measuring 1 acre 18 guntas, BDA has formed 23 sites, one CA site and park and a plan was prepared. Out of 23 persons who were vacated from the revenue sites, 18 persons were allotted sites and remaining 5 sites viz., site No.2, 5, 6, 7 and 13 were kept vacant as the said 5 persons did not come forward to get the sale deed executed. - 5 - HC-KAR NC: 2025:KHC:27109 CRL.P No. 7989 of 2023 3.1 However, accused Nos.1 to 5 after collecting information about non allotment of site Nos.2, 5, 6, 7 and 13 formed in Sy.No.26/1 of Kadubeesanahalli gave representation i.e., accused Nos.1 to 4 gave representation dated 24.04.2019 and accused No.5 gave representation dated 20.09.2019 respectively seeking allotment of site Nos.2, 5, 6, 7 and 13, claiming that they are among the 23 beneficiaries of the list prepared as per the meeting dated 25.05.1998 and in lieu of acquisition of the land for the outer ring road, they have been allotted site Nos.2, 5, 6, 7 and 13 and they have already paid the value of the said sites and arrangement should be made for executing the sale deed. Along with their representations, they have also produced allotment letters, payment challan, self- declaration, additional information letter, signature and photo confirmation letter. Based on the documents produced by accused Nos.1 to 5, on 20.03.2020, sale deeds were executed by the Deputy Secretary, Division-IV - 6 - HC-KAR NC: 2025:KHC:27109 CRL.P No. 7989 of 2023 of BDA and possession certificates are also issued on 28.05.2020. 3.2 However, during the enquiry, it was revealed that the names of accused Nos.1 to 5 does not find place in the list of beneficiaries prepared as per the proceedings dated 25.05.1998. In order to get site Nos.2, 5, 6, 7 and 13 which remained not claimed by the beneficiaries, accused Nos.1 to 5 colluded with the staff and concocted allotment letters as though allotment were made during the year 1999 itself. They also concocted challans as though value of the sites were paid, GPA as though they have purchased revenue sites from the owners of acquired land. Based on the said documents five fake files were created placing the concocted documents in them. 3.3 Since the payments made to the BDA for purchase of sites is entered in CA register maintained by the division of finance member of the authority, staff of said branch also colluded with accused Nos.1 to 5 and concocted fake payment receipts as though payments have - 7 - HC-KAR NC: 2025:KHC:27109 CRL.P No. 7989 of 2023 been made through Canara Bank and respective entries were made in the CA register. Based on the bogus GPA, allotment letter and payment receipts, they have got prepared sale deeds and arranged for their registration as though the said five sites were allotted in the year 1999. 3.4 Without obtaining the opinion from the law officers and without following the rules and without cross- verifying the whether accused Nos.1 to 5 are among the 23 allottees, in collusion with the staff of Deputy Secretary, Division-IV, only on the basis of GPA, sale deeds have been executed in respect of site Nos.2, 5, 6, 7 and 13. In this regard the signatures of Deputy Secretary-IV, Supervisor and case worker («µÀAiÀÄ ¤ªÁðºÀPÀgÀÄ) have been forged. 3.5 During the investigation, the vigilance officer found that the payment made challans are fake. The communication made with Sub-registrars of Jayanagar and Indiranagar and the certified copies collected from them with regard to the revenue sites referred to in the GPA - 8 - HC-KAR NC: 2025:KHC:27109 CRL.P No. 7989 of 2023 reveal that they relates to some other properties of Bengaluru and they are not relates to the lands acquired for outer ring road referred to in the meeting dated 25.05.1998 and the 5 GPAs are certified copy of bogus documents collected from the office of the Sub-registrars of Jayanagar and Indiranagar. Rs.5,70,240/- reflected in the payment challans produced by accused Nos.1 to 5 is not made to the BDA. Despite the same, in CA register maintained at the finance member division, entry is made as though payments have been made and enclosed with the said file. 3.6 In the register of allottees, regarding 23 sites formed in Sy.No.26/1 of Kadubeesanahalli, the names of accused Nos.1 to 5 were entered recently when the sale deeds were executed in their names. The enquiry made by the Vigilance branch of BDA reveal that some of the officers and staff of BDA have colluded with accused Nos.1 to 5 and based on fake documents executed sale deeds in respect of 5 sites in their names, even though they are not the - 9 - HC-KAR NC: 2025:KHC:27109 CRL.P No. 7989 of 2023 beneficiaries of the said sites and thereby caused loss of more than Rs.10 Crores to the BDA. The enquiry conducted by the Vigilance branch of BDA reveal that accused Nos.6 to 11 are involved in the said offence. 3.7 Based on the complaint, the concerned police have registered case in Cr.No.58/2020 and taken up investigation. At the relevant point of time, the petitioner who is accused No.7 was working as Superintendent in BDA and he is also involved in the fraud committed against the BDA. It requires a detailed investigation. In the light of prima facie material placed on record, the petitioner/accused No.7 cannot claim quashing of criminal proceedings and pray to dismiss the petition. 4. Heard arguments and perused the record. 5. It is not in dispute that at the relevant point of time petitioner was working as Superintendent in BDA, relating to the branch involved in the alleged concoction of - 10 - HC-KAR NC: 2025:KHC:27109 CRL.P No. 7989 of 2023 documents and facilitated the execution of the sale deeds and issue of possession certificates. 6. The preliminary enquiry conducted by the complainant reveal that as per the proceedings dated 25.05.1998, subject No.102/1998 of Bengaluru Development Authority ('BDA' for short), a decision was taken that lands in between Varthur Road and Sarjarpura, Old Madras Road and Varthur Road, totally measuring 127 acres was required for forming outer ring road and out of this, buildings constructed in 27 revenue sites are to be demolished and the owners there of should be allotted alternative sites, subject to production of ownership documents. A list of owners of 23 buildings which were demolished was also prepared during the said meeting. Accordingly, in Sy.No.26/1 of Kadubeesanahalli, Varthur Hobli, Bengaluru South Taluk, measuring 1 acre 18 guntas, BDA formed 23 sites, one CA site and a park as per the plan prepared. Out of 23 persons who were vacated from - 11 - HC-KAR NC: 2025:KHC:27109 CRL.P No. 7989 of 2023 the revenue sites, 18 persons were allotted sites and remaining 5 sites viz., site No.2, 5, 6, 7 and 13 were kept vacant as the said 5 allottees did not come forward to get the sale deed executed. 7. However, accused Nos.1 to 5 after collecting information about non allotment of site Nos.2, 5, 6, 7 and 13 formed in Sy.No.26/1 of Kadubeesanahalli gave representation i.e., accused Nos.1 to 4 gave representation dated 24.04.2019 and accused No.5 gave representation dated 20.09.2019, respectively seeking allotment of site Nos.2, 5, 6, 7 and 13, claiming that they are among the 23 beneficiaries of the list prepared as per the meeting dated 25.05.1998 and in lieu of acquisition of the land for the outer ring road, they have been allotted site Nos.2, 5, 6, 7 and 13 and they have already paid the value of the said sites and arrangement should be made for executing the sale deed. Along with their representations, they have also produced allotment letters, payment challan, self- declaration, additional information letter, signature and - 12 - HC-KAR NC: 2025:KHC:27109 CRL.P No. 7989 of 2023 photo confirmation letter. Based on the documents produced by accused Nos.1 to 5, on 20.03.2020, sale deeds were executed by the Deputy Secretary-IV Division of BDA and possession certificates are also issued on 28.05.2020. 8. However, during the enquiry, it was revealed that the names of accused Nos.1 to 5 does not find place in the list of beneficiaries prepared as per the proceedings dated 25.05.1998. In order to get site Nos.2, 5, 6, 7 and 13 which remained not claimed by the beneficiaries, accused Nos.1 to 5 colluded with the staff and concocted allotment letters as though allotment were made during the year 1999 itself. They also concocted challans as though value of the sites were paid, GPA as though they have purchased revenue sites from the owners. 9. Based on the said documents five fake files were created placing the concocted documents in them. Since the payments made to the BDA for purchase of sites is - 13 - HC-KAR NC: 2025:KHC:27109 CRL.P No. 7989 of 2023 entered in CA register maintained by the division of finance member of the authority, they also got colluded with the staff of the said branch and concocted fake payment receipts as though payments have been made through Canara Bank and entries made in the CA register. Based on the bogus GPA, allotment letter and payment receipts, they have got prepared sale deeds and arranged for their registration as though the said five sites were allotted in the year 1999. Without obtaining the opinion from the law officers and without following the rules and without cross- verifying the genuineness of the allottees in the earlier cases, in collusion with the staff of Deputy Secretary-IV division, only on the basis of GPA, sale deeds has been executed in respect of site Nos.2, 5, 6, 7 and 13. In this regard the signatures of Deputy Secretary-IV, Supervisor and case worker (vishaya nirvahakaru) have been forged. 10. During the investigation, by the vigilance Inspector of BDA, it was found that the payment made challans are fake. The communication made with Sub- - 14 - HC-KAR NC: 2025:KHC:27109 CRL.P No. 7989 of 2023 registrars of Jayanagar and Indiranagar and the certified copies collected from them with regard to the revenue sites referred to in the GPA, relates to some other properties of Bengaluru and they are not relates to the lands acquired for outer ring road referred to in the meeting dated 25.05.1998 and the 5 GPAs are certified copy of bogus documents collected from the office of the Sub-registrars of Jayanagar and Indiranagar. Rs.5,70,240/- reflected in the payment challans produced by accused Nos.1 to 5 is not made to the BDA. Despite the same, in CA register maintained at the finance member division, entry is made as though payments have been made and enclosed with the said file. In the register of allottees, regarding 23 sites formed in Sy.No.26/1 of Kadubeesanahalli, the names of accused Nos.1 to 5 were entered recently when the sale deeds were executed in their names. The enquiry made by the Vigilance branch of BDA reveal that some of the officers and staff of BDA have colluded with accused Nos.1 to 5 and based on fake documents executed sale deeds in respect of - 15 - HC-KAR NC: 2025:KHC:27109 CRL.P No. 7989 of 2023 5 sites in their names, even though they are not the beneficiaries of the said sites and thereby caused loss of more than Rs.10 Crores to the BDA. The enquiry conducted by the Vigilance branch of BDA reveal that accused Nos.6 to 11 are involved in the said offence. 11. Based on the complaint, the concerned police have registered case in Cr.No.58/2020 and taken up investigation. At the relevant point of time, the petitioner who is accused No.7 was working as Superintendent in BDA and he is also involved in the fraud committed against the BDA. It requires a detailed investigation. 12. In the light of prima facie material placed on record and the gravity of the allegations made against the accused persons, more particularly the officers and staff of the BDA, including the petitioner/accused No.7, a detailed investigation is necessary. Certainly, it is not a case for quashing the criminal proceedings. 13. In the result, petition fails and accordingly, - 16 - HC-KAR NC: 2025:KHC:27109 CRL.P No. 7989 of 2023 ORDER (i) Petition filed by the petitioner/accused No.7 under Section 482 Cr.P.C is hereby rejected. (ii) The Registry is directed to send a copy of this order to the trial court through e-mail. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 45