Karnataka High Court
B Kiran Kumar vs State By Kadur Police on 6 March, 2025
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2025:KHC:9665
CRL.P No. 8818 of 2023
C/W CRL.P No. 12445 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO.8818 OF 2023
(482 of Cr.PC) / 528(BNSS)
C/W
CRIMINAL PETITION NO.12445 OF 2023
IN CRL.P No. 8818/2023
BETWEEN:
K.V.NANJUNDAIAH
S/O VEERAPPAIAH ,
AGED ABOUT 62 YEARS,
RETIRED SHIRASTEDAR,
KADUR TALUK OFFICE,
CHICKMAGALUR DISTRICT - 577548
Digitally AND ALSO R/AT. RAMESWARA NILAYA,
signed by
LAKSHMI T HOUSING BOARD OPP,
Location: HENJAGONDANAHALLI BADAVANE,
High Court
of Karnataka ARASIKERE TOWN ,
HASSAN DISTRICT - 573103.
...PETITIONER
(BY SRI. HARISH KUMAR.M.C., ADVOCATE)
AND:
1. STATE BY KADUR POLICE
CHIKKAMAGALURU DISTRICT
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CRL.P No. 8818 of 2023
C/W CRL.P No. 12445 of 2023
REPRESENTED BY
STATE PUBLIC PROSECUTOR
BANGALORE - 560001.
2. DR. KANTARAJA.K.J.,
SUB DIVISIONAL OFFICER,
TARIKERE SUB DIVISION, TARIKERE,
CHIKKAMAGALUR DISTRICT-577548.
...RESPONDENTS
(BY SRI. K.RAHUL RAI, HCGP FOR R1 & R2)
THIS CRL.P FILED U/S 482 OF CR.PC PRAYING TO QUASH
THE FIR IN CR.NO.209/2023 AGAINST THE PETITIONER FOR
THE OFFENCES P/U/S 409, 34 OF IPC AND U/S 192(a), 192(b)
OF KARNATAKA LAND REVENUE (AMENDMENT) ACT 2007
AGAINST THE PETITIONER AND PENDING AT PRL. CIVIL JUDGE
(JR.DN.) AND JMFC COURT, KADUR, CHICKMAGALUR DISTRICT
AND ETC.
IN CRL.P NO.12445/2023
BETWEEN:
1. B.KIRAN KUMAR
S/O LATE N.BASAVARAJU @ BASAVARAJAPPA,
AGED ABOUT 34 YEARS, FORMER REVENUE
INSPECTOR BIRUR,
PRESENTLY WORKING AS
SDA TALUK OFFICE,
CHIKKAMAGALURU-577 101.
AND ALSO R/AT. K HOSAHALLI,
KADUR TALUK, CHIKKAMAGALURU
DISTRICT - 577101.
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NC: 2025:KHC:9665
CRL.P No. 8818 of 2023
C/W CRL.P No. 12445 of 2023
...PETITIONER
(BY SRI. HARISH KUMAR M C.,ADVOCATE)
AND:
1. STATE BY KADUR POLICE
CHIKKAMAGALURU DISTRICT.
REP. BY STATE PUBLIC PROSECUTOR,
BANGALORE-560 001.
2. THE ASSISTANT COMMISSIONER
TARIKERE SUB DIVISION, TARIKERE,
CHIKKAMAGALURU DISTRICT - 577548.
...RESPONDENTS
(BY SRI. K.RAHUL RAI, HCGP)
THIS CRL.P FILED U/S 482 OF CR.PC PRAYING TO
QUASH THE ENTIRE PROCEEDINGS IN CR.NO.209/2023
AGAINST THE PETITIONER FOR THE OFFENCE UNDER
SEC.409,34 OF IPC AND SEC.192(a),192(b) OF
KARNATAKA LAND REVENUE (AMENDMENT) ACT 2007
PENDING ON THE FILE OF THE HON'BLE PRL.CIVIL JUDGE
(JR.DN) AND J.M.F.C COURT, AT KADUR,
CHIKKAMAGALURU DISTRICT AND ALL FURTHER
PROCEEDINGS THEREON AND ETC.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
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CRL.P No. 8818 of 2023
C/W CRL.P No. 12445 of 2023
ORAL ORDER
The petitioners/accused Nos.2 and 3 have presented
these petitions under Section 482 of Cr.P.C., praying to quash
the FIR in Crime No.209/2023 registered at Kadur Police
Station, Chikkamagaluru, for offences punishable under
Sections 409 read with Section 34 of IPC and Sections 192(a)
and 192(b) of the Karnataka Land Revenue (Amendment) Act,
2007 (for short 'KLR Act, 2007').
2. Heard Sri. Harish Kumar.M.C., learned counsel for
the petitioners and Sri. K.Rahul Rai, learned High Court
Government Pleader for the respondents.
3. Questioning registration of the FIR, the learned
counsel for the petitioners would contend that, accused No.1
has also preferred a petition seeking quashing and this Court
has allowed the said petition by an order dated 13.06.2024,
taking into consideration Section 192(a) of the KLR Act, 2007,
under which proceedings are instituted against the petitioners
and held that a show-cause notice is required to be issued prior
to registration of the crime. He contended, since there was no
notice issued, this Court has quashed the impugned FIR.
NC: 2025:KHC:9665
4. A copy of the order passed in Crl.P.No.9883/2023
dated 13.06.2024 preferred by accused No.1 is furnished along
with memo. The same is taken on record.
5. The FIR is registered against accused Nos.1 to 3
namely Tahashildar, Shirasthedhar and Former Revenue
Inspector, alleging that they have illegally effected change of
katha in respect of the property in Sy.No.43 measuring about
5.04 acres situated at Kadur Taluk, Ullinagaru Village, Birur
Hobli.
6. One of the contentions raised by the learned
counsel for the petitioners is that 5.04 acres of land in
Sy.No.43 of Ullinagaru Village was originally granted to one
Hanumaiah S/o Chikkanna through darkasth and due to
non-payment of tax, it was stated as "Government Beelu Land"
and therefore, offences alleged under the provisions of the KLR
Act, 2007 will not attract.
7. This Court in Crl.P.No.9883/2023 preferred by
accused No.1, has quashed the impugned Crime No.209/2023
and all the proceedings taken thereto, pending before the
Principal Civil Judge (Jr. Dn.) & JMFC Court, Kadur Taluk,
NC: 2025:KHC:9665
Chikkamagaluru District. The petitioners herein are accused
Nos.2 and 3 respectively in the very same case registered in
Crime No.209/2023 of Kadur Police Station, Chikkamagaluru.
The relevant paras of the above referred order are extracted
herein under:
"4. Section 192A of the Act under which proceedings
are instituted against the petitioner requires a show cause
notice to be issued prior to registration of the crime. The
second respondent could not have registered the crime
without at the outset granting an opportunity of hearing
and without conducting any survey in the presence of the
petitioner. This is by now too well settled principle of law as
held by a Coordinate Bench of this Court in the case of
SMT. LALITHA SASTRY v. STATE OF KARNATAKA -
ILR 2008 KAR 4520, wherein the Coordinate Bench
considering this very provision holds 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
NC: 2025:KHC:9665
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:--
"PÀ£ÁðlPÀ ¸ÀPÁðgÀ"
¸ÀASÉå: Dgï r 674 J ïf© 2008 PÀ£ÁðlPÀ ¸ÀPÁðgÀzÀ ¸ÀaªÁ®AiÀÄ,
§ºÀĪÀĺÀrUÀ¼À PÀlÖqÀ,
¨ÉAUÀ¼ÀÆgÀÄ ¢£ÁAPÀ: 08.09.2008.
NC: 2025:KHC:9665
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ಷಯ ಒತುವ ಾದ ಸ ಾ ಜ ೕನನು ೆರವ ೊ ಸುವ ಬ ೆ
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ಸಾ ಜ ೕನುಗಳ !ನ ಒತುವ ಯನು ೆರವ ೊ ಸುವ ಸಲು#ಾ$ ಕ&ಾ ಟಕ ಭೂ
ಕಂ*ಾಯ ಾ+, ೆ -ದು,ಪ/ ತಂದು ಕಲಂ 192(ಎ)ರ ಅ/ಯ ! ಅಪ2ಾಧಗಳ4 ಮತು 67ೆಗಳ4
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*ಾಖ?ೆಗಳನು 8ಾಜರು ಪ/ಸಲು ಒಂದು ಅವ ಾಶವನು (Opportunity) Aೕಡುವ ದು
ಅವಶ:#ೆಂದು ಸ ಾ ರವ ಮನಗಂ/*ೆ.
ಆದ, ಂದ ಕ&ಾ ಟಕ ಭೂ ಕಂ*ಾಯ ಾ+,ಯ ಕಲಂ 192(ಎ)ರ ಅ/ಯ !
ಒತುವ *ಾರರ ರುದD EF ನG Hಕದ,Iಗಳನು *ಾಖಲು =ಾಡುವ ಮುನ ಈ ೆಳಕಂಡ
=ಾಗ ಸೂQಗಳನು ಅನುಸ ಸುವಂ ೆ ಸೂQಸ?ಾ$*ೆ:-
1. ಸ ಾ ಜ ೕನನು ಒತುವ =ಾ/ ೊಂ/ರುವ *ಾ$ - ದು ಬಂದ
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ಸRಮ ]ಾFB ಾರ ೆV ತಲು^ಸಲು - ಸತಕVದು,.
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192(ಎ) ರ/ಯ ! EF ನG Hಕದ,Iಗಳನು *ಾಖ ಸಲು ಕFಮ
ೆ ೆದು ೊಳfತಕVದು,.
NC: 2025:KHC:9665
3. ಒತುವ *ಾರರು &ೋaೕಸು ಪ<ೆದ ನಂತರ ಕgೇ ೆ `ೇa Aೕ/
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PÀAzÁAiÀÄ E ÁSÉ (¨sÀÆ.ªÀÄA.),
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4) J Áè vÀºÀ²Ã ÁÝgÀgÀÄ
"
5) ºÉZÀÄѪÀj ¥Àæw.
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
- 10 -
NC: 2025:KHC:9665
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.
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."
(Emphasis supplied)
In the light of the afore-quoted circular and the facts
obtaining in the case at hand, as not even a notice is issued
at the hands of the competent authorities, the very
registration of crime runs foul of the afore-quoted
judgment of the Coordinate Bench. On this score, the
petition deserves to succeed."
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NC: 2025:KHC:9665
8. In light of the order passed in the petition filed by
accused No.1, these petitions preferred by accused No.2 and 3
also deserves to be allowed in the same terms. Accordingly,
the following:
ORDER
(i) Criminal petitions are allowed.
(ii) The impugned Crime No.209/2023 and all the
proceedings taken thereto, pending against the
petitioners, before the Principal Civil Judge (Jr. Dn.)
& JMFC Court, Kadur, Chickmagalur District, stands
quashed.
(iii) Liberty is reserved to the State or its authorities to
comply with the requirements as contemplated in
the circular and the observations made in the
course of the order, before initiating any action
against the petitioners, if need arise.
Sd/-
(MOHAMMAD NAWAZ)
JUDGE
SMJ
