- 1 - HC-KAR NC: 2025:KHC:32328 CRL.P No. 2459 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN CRIMINAL PETITION NO. 2459 OF 2020 BETWEEN: 1. SRI. M. YOGA MURTHY S/O SRI.M. CHENCHU NAIDU AGED ABOUT 53 YEARS RESIDING AT NO.8 VIVEKANANDANAGAR KATHRIGUPPE MAIN ROAD BSK 3RD STAGE BANGALORE-560 085. 2. SRI. B. NARASIMHULU NAIDU S/O LATE B. AKKAR NAIDU AGED ABOUT 60 YEARS R/AT NO.99/1, RAMARAO LAYOUT KATHRIGUPPE, BSK 3RD STAGE BANGALORE-560 085. 3. SRI. R. BALAKRISHNA S/O SRI. RAJAGOPAL NAIDU AGED ABOUT 54 YEARS RESIDING AT NO.82 GURU SAI NILAYA, 1ST 'B' CROSS 2ND MAIN, BSK 3RD STAGE BANGALORE-560 085. 4. SRI. T. MURALIDHAR S/O SRI. RAMACHANDRA NAIDU T. AGED ABOUT 53 YEARS NOW RESIDING AT NO.29/32 1ST B MAIN ROAD, 4TH CROSS VIVEKANANDANAGAR Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32328 CRL.P No. 2459 of 2020 BANASHANKARI 3RD STAGE BANGALORE-560 085. 5. SRI. G.MALLIKARJUNA S/O LATE G.MUNASWAMY NAIDU AGED ABOUT 54 YEARS RESIDING AT NO.2455 9TH MAIN, BSK II STAGE BANGALORE-560 070. 6. SRI. E.A.YOGENDRANATH S/O E. ANANDA NAIDU AGED ABOUT 47 YEARS R/AT NO.80, 14TH CROSS KATHRIGUPPE MAIN ROAD VIDHYAPEETA CIRCLE BANGALORE-50. 7. SRI. P. JAGADISH S/O LATE P.A.NAIDU AGED ABOUT 51 YEARS R/AT NO.692, 7TH MAIN 5TH BLOCK, BSK 3RD STAGE BANGALORE-560 085. 8. SRI. D.S.DEEPAK S/O LATE D.RAMA RAO AGED ABOUT 47 YEARS R/AT NO.194, "KOUSTHUMAM" 9TH CROSS, BHEL 2ND STAGE EXTENSION, PATTANAGERE SOUTH R.R.NAGAR, BANGALORE-560 098. 9. SRI. M. SUBRAMANI S/O LATE MOTHULU NAIDU AGED ABOUT 56 YEARS RESIDING AT NO.1/116 NEW KEMPEGOWDA LAYOUT BSK 3RD STAGE BANGALORE-560 085. - 3 - HC-KAR NC: 2025:KHC:32328 CRL.P No. 2459 of 2020 10. BALAJI INFRA HAVING ITS OFFICE AT NO.8 VIVEKANANDANAGAR KATHRIGUPPE MAIN ROAD BSK 3RD STAGE BANGALORE-560 085. REP. BY ITS PARTNERS SRI. M.YOGAMURTHY AND D.S.DEEPAK. 11. SUBHODAYA BUILDERS HAVING ITS OFFIE AT NO.99/1 RAMRAO LAYOUT, KATHRIGUPPE BSK 3RD STAGE BANGALORE-560 085. REP. BY ITS PARTNERS SRI. B.NARAISMHALU NAIDU AND E.A.YOGENDRA NATH. 12. SUNRISE BUILDERS HAVING ITS OFFICE AT NO.2455 9TH MAIN, 17TH 'E' CROSS BSK 3RD STAGE BANGALORE-560 085. REP. BY ITS PARTNERS SRI. T.MURALIDHAR AND M.SUBRAMANI. 13. ARATHI DEVELOPERS HAVING ITS OFFICE AT NO.82 GURUSAI NILAYA, 1ST B CROSS 2ND MAIN, 5TH BLOCK BSK 3RD STAGE BANGALORE-560 085. REP. BY ITS PARTNERS SRI. R. BALAKRISHNA SRI. G. MALLIKARJUNA SRI. P. JAGADISH. …PETITIONERS (BY SRI. G.V.SUDHAKAR, ADVOCATE) - 4 - HC-KAR NC: 2025:KHC:32328 CRL.P No. 2459 of 2020 AND: 1. STATE OF KARNATAKA BY LOKAYUKTA POLICE BANGALORE CITY, M.S.BUILDING BANGALORE-560 001. REP. BY SPECIAL PUBLIC PROSECUTOR OF LOKAYUKTHA. 2. SRI. M.S. MAHADEVA SWAMY S/O M.G. SUBBANNA AGED ABOUT 59 YEARS RESIDING AT 151 VEERASHAIVA BEEDHI SANTHEMARANAHALLI POST CHAMARAJANAGARA TALUK AND DIST-573 313. …RESPONDENTS (BY SRI. VENKATESH S.ARABATTI, ADVOCATE FOR R1; SRI. K.S.PONNAPPA, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN SO FAR AS THE PETITIONERS ARE CONCERNED IN SPL.C.C.NO.1009/2019 PENDING ON THE FILE OF THE LXXXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-82) AND SPECIAL COURT EXCLUSIVELY TO DEAL WITH CRIMINAL CASES RELATED TO ELECTED MPs/MLAs IN THE STATE OF KARNATAKA FOR OFFENCES PUNISHABLE UNDER SECTIONS 120B R/W 406, 420, 463, 465, 468, 471 OF IPC AND SECTIONS 13(1)(c), 13(1)(d), 13(1)(e), 13(2) OF THE PREVENTION OF CORRUPTION ACT AND UNDER SECTIONS 3 AND 4 OF KARNATAKA LAND (RESTRICTION ON TRANSFER) ACT WHICH IS ARISE OUT OF P.C.R.NO.9/2012 AS ABUSE OF LAW VIDE ANNEXURE-G AND ETC. THIS PETITION COMING ON FOR ADMISSION THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC:32328 CRL.P No. 2459 of 2020 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER Certain lands in Sy.Nos.128 and 137 of Halagevaderahalli Village were notified for acquisition for the purposes of Bangalore Development Authority (BDA). The same were de- notified by the authorities concerned subsequently on 01.10.2007. The petitioners herein purchased the said properties on 10.03.2010. Respondent no.2 filed a private complaint by way of P.C.R.No.09/2012 on the file of LXXXI Addl. City Civil and Sessions Judge, Bangalore (CCH-82) (Special Court exclusively to deal with criminal cases related to elected MPs/MLAs in the State of Karnataka) alleging that the de-notification has been done illegally and the process of de- notification amounts to commission of offences punishable under Section 120B read with Sections 406, 420, 463, 465, 468, 471 of IPC and 13(1)(c), 13(1)(d), 13(1)(e), 13(2) of Prevention of Corruption Act and Sections 3 and 4 of Karnataka Land (Restriction on Transfer) Act read with Section 34 of IPC. In the said complaint, apart from the petitioners herein, the then Chief Minister and also few other persons were arrayed as accused. - 6 - HC-KAR NC: 2025:KHC:32328 CRL.P No. 2459 of 2020 2. The complaint was referred for investigation. The Lokayukta Police after due investigation filed a B-report recommending dropping of the proceedings. However, the trial Court has rejected the B-report and has passed the following order taking cognizance of the offences alleged: "'B-Report' filed by the police is rejected. Cognizance of the offence u/s 120B, 406, 420, 463, 465, 468, 471 of IPC, section 13(1)(c), 13(1)(d), 13(1)(e), 13(2) of Prevention of Corruption Act and section 3 and 4 of Karnataka Land(Restriction and Transfer) Act, 1991 is to be taken. Accordingly, cognizance of the offence u/s 120B, 406, 420, 463, 465, 468, 471 of IPC, section 13(1)(c), 13(1)(d), 13(1)(e), 13(2) of Prevention of Corruption Act and section 3 and 4 of Karnataka Land(Restriction and Transfer)Act, 1991 is taken. Call on for sworn statement of complainant by 26.07.2019." 3. Thereafter, a sworn statement has been recorded and an order has been passed on 04.09.2019 wherein it has been ordered to register a criminal case against accused nos.1 to 19 therein for the offences alleged and it included the petitioners herein. The operative portion of the order reads as under: - 7 - HC-KAR NC: 2025:KHC:32328 CRL.P No. 2459 of 2020 "Register a criminal case against Accused Nos.1 to 19 for the offences punishable u/s 120B, 406, 420, 463, 465, 468, 471 of IPC, section 13(1)(c), 13(1)(d), 13(1)(e), 13(2) of Prevention of Corruption Act and section 3 and 4 of Karnataka Land(Restriction and Transfer)Act, 1991. Issue Process against all the accused persons, if P.F is paid." Aggrieved by the trial Court taking cognizance and registering the criminal case and issuing process against the petitioners herein, the present petition is filed. 4. The case of the petitioners is that the allegation made in the complaint even if it is believed to be true is that the lands which were acquired for the purpose of BDA have been illegally de-notified by the authorities concerned in the year 2007. It is submitted that there is no material placed against the petitioners herein showing them to be co- conspirators or responsible for that de-notification except for wild allegations made against them. It is further submitted that the petitioners are innocent bonafide purchasers of the properties for a valuable consideration and have not been involved in the process of de-notifying the lands concerned. It - 8 - HC-KAR NC: 2025:KHC:32328 CRL.P No. 2459 of 2020 is submitted that they purchased the property as late as in the year 2010, whereas, the de-notification took place in the year 2007. It is further submitted that the investigation conducted by the Lokayukta has resulted in Lokayukta Police filing B- report. It is submitted that they have been made accused only on the ground that they are the ultimate beneficiaries as they have purchased the properties. It is also submitted that no prima facie finding is given against the petitioners in the impugned order of the trial Court. For that reasons, it is prayed that the proceedings against the petitioners in Spl.C.C.No.1009/2019 be quashed. 5. Learned counsel for respondent no.1 and 2- complainant herein fairly submit that, there are no prima facie material against the petitioners for being involved in the alleged offences said to have been committed by them. They submit that offences alleged, pertain to de-notification of the lands concerned and as of now there are no material against the petitioners to hold them guilty to be part of the alleged offences. It is also submitted that complaint or the order taking cognizance against the petitioners do not record any prima - 9 - HC-KAR NC: 2025:KHC:32328 CRL.P No. 2459 of 2020 facie material against the petitioners to believe that they are the persons involved in commission of the alleged offences and they have been included in the complaint only because ultimately they are the beneficiaries of the de-notification as they have purchased the lands around three years after de- notification. 6. Admittedly, the alleged offences pertain to manner in which lands concerned were de-notified and the impugned order taking cognizance of the alleged offences, does not show any prima facie material against the petitioners. 7. For the aforementioned reasons, the petition is hereby allowed. Proceedings in Spl.C.C.No.1009/2019 pending on the file of LXXXI Addl. City Civil and Sessions Judge, Bangalore (CCH-82) (Special Court exclusively to deal with criminal cases related to elected MPs/MLAs in the State of Karnataka) insofar as it relates to the petitioners herein are concerned are quashed. However, it is clarified that subsequently, if any material is found against the petitioners herein, respondents are entitled - 10 - HC-KAR NC: 2025:KHC:32328 CRL.P No. 2459 of 2020 to proceed against the petitioners as contemplated under Section 319 of Cr.P.C./Section 358 of Bharatiya Nagarik Suraksha Sanhita, 2023. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 11