IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.7868 OF 2014 BETWEEN:
1. SRI KRISHNAMURTHY H B AGE:MAJOR, RESIDING AT HAGADUR VILLAGE, K.R.PURAM HOBLI, BANGALORE EAST TALUK, BENGALURU-560036.
2. SRI.ASHWATHANARAYANA AGE:MAJOR, RESIDING AT HAGADUR VILLAGE, K.R.PURAM HOBLI, BANGALORE EAST TALUK, BENGALURU-560036.
(BY SRI: PRAKASH M PATIL, ADVOCATE) ... PETITIONERS AND 1. THE STATE OF KARNATAKA POLICE INSPECTOR, BMTF POLICE STATION, BANGALORE.
REPRESENTED BY S.P.P. HIGH COURT BUILDING, BANGALORE.
2. SRI.A.R.ANNAIAH STATE PRESIDENT, KARNATAKA RAJYA BADAVARA HITARAKSHANA VEDHIKE (R) 1ST MAIN ROAD, AMBEDKAR NAGAR, WHITE FIELD BANGALORE.
3. THE TAHSILDAR OFFICE OF THE TAHSILDAR, BANGALORE EAST TALUK, K.R.PURAM, BENGALURU-560036.
... RESPONDENTS (BY SRI: I.S.PRAMOD CHANDRA, SPP-II FOR R1 TO R3) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR IN CRIMINAL CASE AGAINST THE PETRS. FOR THE OFFENCES P/U/S 192(A) & 192(B) OF KLR ACT REGISTERED BY THE RESPONDENT NO.1 IN CR. NO.8/2014 ON THE BASIS OF THE COMPLAINT LODGED BY THE 2ND RESPONDENT AND ALLOW THE PETITION.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard the learned Counsel for the petitioners and the learned SPP-II appearing on behalf of the respondent Nos.1 and 3.
2. Criminal action is initiated against the petitioners and the other accused based on the complaint lodged by the respondent No.2 alleging that there is no cart track in the Government land bearing Sy.No.11/1 measuring 01 acre 25 guntas and that there is cart track measuring 10 guntas in the Government land bearing Sy.No.11/2 measuring 3 acres 17 guntas and the petitioners herein and the other accused persons have encroached 07 guntas of land belonging to Government by constructing building and compound over the land.
3. Learned counsel for the petitioners submitted that in view of the law laid down by this Court in Smt.Lalitha Sastry vs. State of Karnataka Rep. by its Secy, DPAL & Ors., reported in ILR 2008 KAR 4520, the Tahasildar was required to give an opportunity to the alleged encroachers-the petitioners herein in terms of the circular dated 08.09.2008 bearing No.RD 674 LGB 2008 issued by the Government.
4. As the impugned proceedings are initiated in violation of the principles laid down in the above decision, the petition is allowed. The FIR registered in Crime No.08/2014 (C.C.No.12494/2014) on the file of C.M.M., Bengaluru is quashed only in so far as the petitioners herein (accused No.5 Sri.Krishnamurthy H.B. and accused No.6 Sri.Ashwathanarayana) are concerned. The matter is remitted to the Tahasildar to proceed with the matter in accordance with the circular referred to above and in the light of the law laid down by this Court in Smt.Lalitha Sastry’s case, referred to supra and to report compliance within two months.
In view of disposal of the petition, I.A.No.1/2014 does not survive for consideration and accordingly, it is also disposed of.
Sd/- JUDGE Bss