- 1 - HC-KAR NC: 2026:KHC:21045 CRL.P No. 6364 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 6364 OF 2025 BETWEEN: 1. SRI. PRAKASH B.S, AGED ABOUT 60 YEARS, S/O SRI. B.N. SUBBARAYA SHETTY, 2. SRI B.S. SHIVA KUMAR, AGED ABOUT 58 YEARS, S/O SRI. B.N. SUBBARAYA SHETTY, 3. SRI. NARENDRA AGED ABOUT 34 YEARS, S/O LATE SRI. B.S. NAGABHUSHAN, ALL ARE RESIDING AT BAGALURU VILLAGE, JALA HOBLI, YELAHANKA TALUKA, BENGALURU - 560 064. …PETITIONERS (BY SRI. VARADARAJ P.N, ADVOCATE) Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:21045 CRL.P No. 6364 of 2025 AND: 1. STATE BY BAGALURU POLICE, BENGALURU. REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. SRI. G.S. SHREYAS, S/O G.C. SHIVANNA, AGED ABOUT 37 YEARS, THAHSILDAR, YELAHANKA, BENGALURU - 560 064. …RESPONDENTS (BY SMT. SOWMYA R, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR ENTIRE PROCEEDINGS IN CRIME NO.53/2025 ON THE FILE OF CIVIL JUDGE AND JMFC., AT DEVANAHALLI U/S 192(A), 96(2) OF KLR ACT REGISTERED IN BENGALURU P.S. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:21045 CRL.P No. 6364 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court calling in question registration of a crime in crime No.53/2025 registered for the offence punishable under Sections 192(A) and 96(2) of the Karnataka Land Revenue Act, 1964 ('the Act' for short). 2. Heard Sri. Varadaraj P.N., learned counsel appearing for the petitioners and Smt. Sowmya R., learned High Court Government Pleader appearing for respondent No.1. 3. The petitioners/accused Nos.1 to 3 are said to be in occupation of certain lands and have constructed certain buildings on those lands. A crime comes to be registered in crime No.53/2025 for offences punishable under Sections 192(A) and 96(2) of the Act. It is an admitted fact that a notice as required in law is not issued to the petitioners prior to registration of the crime for the aforesaid offences. The issue need not detain this Court for long or delve deep into the matter. The Co-ordinate Bench of this Court in the case of - 4 - HC-KAR NC: 2026:KHC:21045 CRL.P No. 6364 of 2025 LALITHA SASTRY Vs. STATE OF KARNATAKA reported in 2008 SCC ONLINE KAR 428 has held 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 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:— - 5 - HC-KAR NC: 2026:KHC:21045 CRL.P No. 6364 of 2025 - 6 - HC-KAR NC: 2026:KHC:21045 CRL.P No. 6364 of 2025 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 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. - 7 - HC-KAR NC: 2026:KHC:21045 CRL.P No. 6364 of 2025 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." In the light of the said issue standing completely answered, reserving liberty to the respondent to issue a notice and then take action in accordance with law, the crime stands obliterated. 4. With the aforesaid observation, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 3