Karnataka High Court
Sri C Nagappa Reddy vs The State Of Karnataka on 6 November, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
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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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
NC: 2025:KHC:44945
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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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
