1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29^TH DAY OF MAY 2018

BEFORE

THE HON’BLE MR. JUSTICE K.N.PHANEENDRA

CRIMINAL PETITION No.7811/2017

BETWEEN:

MOHAN THOMAS

S/O LATE M.T. THOMAS

@ MICAL THOMAS THOMAS

AGED ABOUT 52 YEARS,

R/AT M/S HOUSING DEVELOPMENT SYNDICATE,

HERITAGE PARTNER – 9, APARTMENT

CHINNAPPANAHALLI, K.R.PURAM HOBLI,

BENGALURU – 560036.

...PETITIONER

(BY SMT. RATTIHALLI GEETA VEERANNA, ADV.)

AND:

1. THE STATE OF KARNATAKA

BY BENGALURU METROPOLITAN TASK FORCE

REPRESENTED BY ITS STATE PUBLIC PROSECUTOR,

HIGH COURT BUILDING, BENGALURU – 560 001

2. S.V. SURESH

REVENUE INSPECTOR

WHITEFIELD, BENGALURU – 560036.

... RESPONDENTS

(BY SRI. SANDESH J. CHOUTA, SPP-II)

THIS CRL.P. IS FILED UNDER SECTION 482 OF CR.P.C.

PRAYING TO QUASH THE CHARGE SHEET FILED BY THE

RESPONDENT

IN

C.C.NO.112/2013

AND

QUASH

THE

PROCEEDINGS IN L.G.C.(G)NO.789/2017 AND THE CASE WAS

PENDING BEFORE THE HON’BLE COURT OF KARNATAKA LAND

GRABBING PROHIBITION SPECIAL COURT, BANGALORE.

THIS CRL.P. COMING ON FOR ADMISSION THIS DAY, THE

COURT MADE THE FOLLOWING:-

2

ORDER

The petitioner is arrayed as accused No.5 in

C.C.No.112/2013 on the file of the 4^th Addl. CMM,

Bangalore, which is presently transferred to the Court of

Karnataka Land Grabbing Prohibition Special Court,

Bengaluru, registered in LGC (G) No.789/2017. The

Bengaluru

Metropolitan

Task

Force

Police

have

registered a case in Crime No.46/2012 for the offences

punishable under Section 192 (A) (B) of the Karnataka

Land Revenue Act r/w Sections 406, 409, 420, 120 (B)

r/w Section 34 of I.P.C., which is later culminated in

C.C.No.112/2013 after filing of the charge sheet before

the 4^th Addl.CMM. Totally 18 accused persons were

prosecuted in the said case.

2. The brief allegations made against the accused

persons are that accused Nos.1 to 9 have conspired

between themselves in order to grab the Government

property i.e., the Government ‘Raja Kaluve’ and

encroached the same for the purpose of constructing of

3

residential complex. The said ‘Raja Kaluve’ was passing

through Sy.Nos.3 to 14 of Chinnappanahalli village,

K.R.Puram, Bengaluru East Taluk. Making allegations

that the said ‘Kharab land’ and ‘Raja Kaluve’ belonged

to them, they have sold the said property in favour of

some other persons for the purpose of constructing

residential complex.

3. The learned Magistrate has taken cognizance

and issued summons to the accused. It is seen from the

records that accused Nos. 8, 9 and 10 have already

approached this Court by way of Crl.P Nos.3178/2013,

3179/2013 and 3177/2013 and this Court vide order

dated 20.03.2014, by a detailed order, has allowed the

petitions

and

quashed

the

proceedings

in

C.C.No.112/2013, reserving liberty to the respondent –

BMTF Police to start an enquiry into the matter by

giving sufficient liberty to the petitioners therein to put-

forth their case and conduct the survey of the

4

encroached portion of the Government land i.e., the

‘Raja Kaluve’ in their presence and thereafter, take

appropriate measures in accordance with law.

4. It is seen from the said judgment that this

Court has relied upon a reported judgment of this Court

in the case of Smt. Lalitha Sastry vs. State of

Karnataka represented by its Secretary, DPAL., and

others reported in ILR 2008 KAR 4520, wherein this

Court has held that:-

“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 surr