The gravity of the allegations and the need for investigation into the offenses complained of influenced the court's decision to dismiss the petitions and allow the investigation to continue.

Since the petitioners of the above cases are arraigned as accused Nos.2 to 4 in FI.R.No.973/2014 dated 23.12.2014 registered by the HAL Police, in respect of offence punishable under Sections 185, 341, 342, 406, 409, 419, 420, 465, 466, 467, 468, 471, 506 read with Section 120B of IPC and Sections 79A, 79B and 80 of the Karnataka Land Reforms Act, 1961 (‘the Act’ for short), on the complaint of the second respondent and the contention raised in both petitions being similar, both cases heard and disposed of together.

2. The gist of the complaint allegation is, the petitioners though are the residents of Delhi/Uttar Pradesh State, fabricated documents with the connivance of Government Officers as agriculturists purchased land at Devarabeesanahalli for fair consideration violating the provisions of the Act. They sold the land to a fictitious Company floated by them and their family members in the name of M/s. Vikas Telecom Limited. By exercising their political influence, they got these lands acquired by the Government through K.I.A.D.B. They have managed another Company by name Supreme Build Cap Pvt. Ltd. They managed to get the very same lands allotted to the above Company. Without developing the land as per the terms of allotment by K.I.A.D.B., the accused persons and their family persons being Directors of the said Company sold the land to Land Developers, thereby cheated the Government. During the course, they created false documents, R.T.Cs. and passed them off as genuine documents to escape the rigour of Sections 79A, 79B and 80 of the Act. They forged the documents purporting to be the records maintained by the public authorities and passed themselves off as agriculturists in the State of Karnataka, though they had no income from nonagricultural sources. They committed forgery to cheat and defraud the State. They have committed breach of trust by dishonestly misappropriating and converting to their own benefit, landed properties which was hitherto vested with the Government under Section 79A, 79B and 80 of the Act. They had dishonestly used and disposed of the property thereby violating Rules and Regulation of the K.I.A.D.B. When he bought the above facts to the notice of the petitioners, he was treated rudely and terminated from service without paying arrears of salary. They threatened to eliminate him and his family if he reveals anything about the sequence of events to anybody and not to come out of his house and not to interact with anybody. Their utterances caused enormous pressure on the complainant. He took few days to muster enough courage to lodge the complaint, thereby the petitioners have committed the offence.

3. Now the case is transferred for further investigation to C.I.D.

4. Before moving on to the respective contentions of the parties, it is in fitness of things to align undisputed facts:

The petitioners are the members of the same family. They purchased the lands in different survey numbers of Devarabeesanahalli and Boghanahalli, Varthur Hobli, Bangalore East Taluk, between 1996 and 2003 for valuable consideration. The revenue records stood transferred to their respective names. The Government of Karnataka vide notification dated 10.12.2001 issued under Section 3(1) of the Karnataka Industries Areas Development Act, 1966 (‘the KIAD Act’ for short), declared that certain agricultural lands in the villages of Devarabeesanahalli and Kariammana Agrahara, Varthur Hobli, Bangalore South Taluk, as industrial area. On the very same day, a preliminary notification under Section 28(1) of the KIAD Act was also published in the Official Gazette. An extent of 109 acres 28 guntas was proposed to be acquired. M/s. Vikas Telecom Limited submitted its proposal to establish an integrated infrastructure project for IT/hospitality/education/housing infrastructure in various survey numbers of the above said lands, before the High Level Committee headed by the then Chief Minister of Karnataka. The Committee vide Government O