Karnataka High Court
Sri C Nagappa Reddy vs The State Of Karnataka on 6 November, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2025:KHC:44945
CRL.P No. 13384 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 13384 OF 2025
(482(Cr.PC) / 528(BNSS)-)
BETWEEN:
SRI. C. NAGAPPA REDDY,
S/O. CHINNAPPA,
AGED ABOUT 75 YEARS, RETIRED DEPUTY
TAHASILDAR, R/AT NO.11,
VENKATESHWARA NILAYA,
2ND MAIN, 3RD CROSS,
SRINIVAGILU, KORAMANGALA,
BENGALURU - 560 047.
...PETITIONER
(BY SRI. MURALI M.., ADVOCATE)
AND:
THE STATE OF KARNATAKA,
BY BMTF POLICE,
REPRSENTED BY TSTAE PUBLIC PROSECTOR,
HIGH COURT BULIDING,
BANGALORE - 01.
...RESPONDENT
Digitally signed by (BY SRI. M.R.PATIL, HCGP FOR RESPONDENT/STATE)
VISHAL NINGAPPA
PATTIHAL
Location: High
Court of Karnataka, THIS CRL.P FILED IS U/S 482 CR.PC (FILED U/S 528
Dharwad Bench,
Dharwad
BNNS) PRAYING TO CALL FOR THE RECORDS IN CC
NO.112/2013, ON THE FILE OF IV ADDITIONAL CHIEF
JUDICIAL MAGISTRATE, AT BENGALUR QUASH THE ENTIRE
PROCEEDINGS AGAINST THE PETITIONER IN
C.C.NO.112/2013, ON THE FILE OF THE IV ADDITIONAL CHIEF
JUDICIAL MAGISTRATE, AT BENGALUR FOR THE OFFENCE
PUNISHABLE UNDER SECTIONS 192(A)(b), OF KLR ACT AND
SEC.406,409,120,120(B) R/W 34 OF IPC VIDE
ANNEXURE-A AND ETC.,
THIS CRIMINAL PETITION, COMING ON FOR ORDERS
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC:44945
CRL.P No. 13384 of 2025
HC-KAR
ORAL ORDER
Heard Sri. Murali M., the learned counsel for the petitioner and Sri. M.R. Patil, the learned HCGP for respondent.
2. The petitioner is accused No.17 qua other accused. The Co-ordinate Bench of this Court had quashed the proceedings. The same reads as follows:
Accused Nos.8, 9 and 10 in Crime No.46/2012 registered with respondent - Bengaluru Metropolitan Task Force Police for the offence punishable under Section 192- A of the Karnataka Land Revenue Act, 1964 as well as the offences punishable under Sections 406, 409, 420, 120B read with Section 34 of Indian Penal Code, presently pending in C.C. No.112/2013 on the file of IV Addl. Chief Metropolitan Magistrate, have come up in these petitions seeking quashing of the said complaint with reference to the offences alleged to have committed by accused Nos.8, 9 and 10 in encroaching into a portion of Raja Kaluve, which is passing through their land.
2. Admittedly, no notice was duly served on the petitioners herein, who are accused Nos.8, 9 and 10, and they had no opportunity to respond to the allegations made against them regarding the encroachment into government land i.e., Raja kaluve. It is also seen that the alleged encroachment is not identified by conducting a survey in the presence of petitioners and they were not informed about filing of the complaint in Crime No.46/2012, which is subsequently, registered as complaint in C.C. No.112/2013. The conduct of the respondent herein in registering the complaint without giving sufficient opportunity to respondents to give explanation regarding the alleged encroachment and in not informing them about the survey being conducted to ascertain the alleged encroachment committed by accused Nos.8, 9 and 10 is deplorable. There appears to be an error by the Police in not following the notification issued by the Government in this behalf in RD.674.LGB.2008 dated 08.09.2008. It is also seen that -3- NC: 2025:KHC:44945 CRL.P No. 13384 of 2025 HC-KAR the said error on the part of the respondent - Police would be as in the matter of Smt. Lalitha Sastry Vs. State of Karnataka represented by its Secretary, DPAL., and Others reported in ILR 2008 KAR 4520, wherein Co-
ordinate Bench of this Court has observed as under:
"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 nature justice, an opportunity is given to these persons to realize 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."
3. Following the said judgment, these petitions are allowed. The complaint registered as against petitioners herein in Crime No.46/2012 registered with respondent - Bengaluru Metropolitan Task Force Police, presently pending in C.C. No.112/2013 on the file of IV Addl. Chief Metropolitan Magistrate, (accused Nos.8, 9 and 10 in the Court below) is quashed reserving liberty to respondent - Bengaluru Metropolitan Task Force Police, Bangalore, to start afresh an enquiry into the matter by giving sufficient opportunity to petitioners to put forth their case and conducting the survey of encroached portion of the Government land i.e., Raja Kaluve in their presence. In the event of petitioners accepting the same and agreeing to surrender the portion of the encroached land so identified, BMTF., Police may accept the same and close the proceedings against them in the fresh proceedings to be initiated."
3. In the light of the quashemnt of the proceedings qua the other accused, the petition deserves to succeed. Accordingly, the following:
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NC: 2025:KHC:44945 CRL.P No. 13384 of 2025 HC-KAR
4. Following the said judgment, this petition is allowed. The complaint registered as against the petitioner herein in C.C. No.112/2013 on the file of IV Addl. Chief Metropolitan Magistrate is quashed reserving liberty to respondent - Bengaluru Metropolitan Task Force Police, Bangalore, to start afresh an enquiry into the matter by giving sufficient opportunity to petitioner to putforth his case and conducting the survey of encroached portion of the Government land i.e., Raja Kaluve in their presence. In the event of petitioner accepting the same and agreeing to surrender the portion of the encroached land so identified, BMTF., Police may accept the same and close the proceedings against him in the fresh proceedings to be initiated.
Ordered accordingly.
Sd/-
(M.NAGAPRASANNA) JUDGE RSH/CT-ASC List No.: 19 Sl No.: 10