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NC: 2026:KHC:17946 CRL.P No. 54 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF APRIL, 2026

BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ

CRIMINAL PETITION NO. 54 OF 2022 BETWEEN:

1. MUNISHAMANNA S/O LATE GIDDAPPA AGED 51 YEARS,

2. N. LATHA W/O MUNISHAMANNA AGED 45 YEARS, 3. C.M. ALOK,

S/O MUNISHAMANNA AGED 27 YEARS,

ALL ARE RESIDING AT CHIMANDANAHALLI VILLAGE KASABA HOBLI, HOSKOTE TALUK

BENGALURU RURAL DISTRICT.

…PETITIONERS Digitally signed by (BY SRI. B. RAMESH, ADVOCATE)

HEMALATHA J Location:

AND:

HIGH COURT OF KARNATAKA

1. STATE BY HOSKOTE POLICE HOSKOTE CIRCLE, BENGALURU RURAL DISTRICT

REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDINGS

BENGALURU-560 001.

2. BASAVARAJ S/O LATE B. BASAVAIAH AGED 50 YEARS,

R/A NO.82, 5^TH CROSS

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RAMAKRISHNA MAIN ROAD M.V. EXTENSION, HOSKOTE BENGALURU RURAL DISTRICT

…RESPONDENTS (BY SRI. RAJATH SUBRAMANYAM, HIGH COURT GOVERNMENT

PLEADER FOR RESPONDENT NO.1;

SRI. S.A. SUDHINDRA, ADVOCATE FOR RESPONDENT NO.2)

THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C. NO.1047/2019 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND J.M.F.C AT HOSKOTE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 420, 465, 468, 471, 504, 506 OF IPC PURSUANT TO THE COMPLAINT LODGED BY THE 2^ND

RESPONDENT.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE R. NATARAJ

ORAL ORDER

The petitioners have challenged prosecution launched

against them by the respondent No.1 in C.C No.1047/2019 on the file of the Principal Civil Judge and JMFC., Hosakote, for the offences punishable under Sections 420, 465, 468, 471, 504

and 506 of the Indian Penal Code, 1860 (for short, ‘the IPC’).

2. The sum and substance of the information furnished

by the respondent No.2 with respondent No.1 was that the petitioner No.1 claiming to be the owner of the land in Sy. No. 44/P5 situate at Cheemandahalli village, Hosakote Taluk,

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Bengaluru Rural District, measuring an extent of 03 Acres had offered it for sale and that the respondent No.2 agreed to purchase it for a total sale consideration of Rs.1,26,00,000/- and paid a sum of Rs.25,00,000/- as earnest money and an agreement of sale was executed by the petitioner in his favour. He alleged that the petitioners were unduly delaying the conclusion of the transaction. He later came to know that the office of Sub-Divisional Officer, Doddaballapura, had initiated suo motu action for cancellation of the grant of the land in Sy. No.44/P5 made in favour of the mother of the petitioner No.1. The respondent No.2 claimed that the revenue records in the name of the mother of the petitioner No.1 in respect of the said land were cancelled and steps were taken for recovering the possession of the said land. The respondent No.2 claimed that he came to know that the revenue authorities had initiated action in Case No.RUC(A)90/2016-17 for the aforesaid purpose and therefore, claimed that the petitioners had illegally tried to transfer a land which did not belong to them but belonged to the State Government. Based on this, a case in Crime No.22/2019 was registered against the petitioners for the

aforesaid offences.

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3. After investigation, a charge sheet was filed against

the petitioners for the offences punishable under Sections 420, 465, 468, 471, 504 and 506 of IPC. Column No.17 of the charge sheet shows that the charge sheet was filed on the premise that revenue proceedings were initiated in Case No.RUC(A) 90/2016-17, whereby the land in question was

treated as a Government land.

4. When this petition is listed for orders, it is brought

to the notice of the Court by the learned counsel for the petitioners that the order dated 15.09.2018 passed by the Assistant Commissioner, Doddabal