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NC: 2026:KHC:21045 CRL.P No. 6364 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH 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,

Digitally S/O LATE SRI. B.S. NAGABHUSHAN, signed by SANJEEVINI J KARISHETTY Location: H igh

Court of ALL ARE RESIDING AT Karnataka BAGALURU VILLAGE,

JALA HOBLI, YELAHANKA TALUKA, BENGALURU - 560 064.

…PETITIONERS (BY SRI. VARADARAJ P.N, ADVOCATE)

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NC: 2026:KHC:21045 CRL.P No. 6364 of 2025

HC-KAR 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:

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NC: 2026:KHC:21045 CRL.P No. 6364 of 2025

HC-KAR

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

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NC: 2026:KHC:21045 CRL.P No. 6364 of 2025

HC-KAR

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 gi