SRI MANOHAR M KALRO vs THE STATE OF KARNATAKA

- 1 -
HC-KAR
NC: 2026:KHC:58517
WP No. 25646 of 2025


CNR: KAHC010552812025



IN THE HIGH COURT OF KARNATAKA AT BENGALURU


TH
DATED THIS THE 15 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE V SRISHANANDA

WRIT PETITION NO.25646 OF 2025 (GM-RES)

BETWEEN:

SRI MANOHAR M KALRO
AGED ABOUT 68 YEARS
S/O LATE M.MADHAWDAS
RESIDING AT NO.78/5A,
YAMUNA BAI ROAD,
MADHAVNAGAR,
BENGALURU-560 001
…PETITIONER
(BY SRI. V B SHIVAKUMAR, ADVOCATE)







AND:

1. THE STATE OF KARNATAKA
MINISTRY OF HOME AFFAIRS
VIDHANA SOUDHA
DR B.R.AMBEDKAR VEEDHI
BENGALURU-560001
REP. BY ITS SECRETARY

2. THE INSPECTOR OF POLICE
MICO LAYOUT POLICE STATION
MICO LAYOUT
BENGALURU-560 076

3.
BRUHAT BENGALURU MAHANAGARA
PALIKE CORPORATION OFFICES,
N.R.SQUARE,
BENGALURU-560 002
REPTD. BY ITS COMMISSIONER





Digitally
signed by R
MANJUNATHA
Location:
HIGH COURT
OF
KARNATAKA

- 2 -
HC-KAR
NC: 2026:KHC:58517
WP No. 25646 of 2025


CNR: KAHC010552812025


4. ASSISTANT EXECUTIVE ENGINEER
BRUHAT BENGALURU MAHANAGARA PALIKE
B.T.M.LAYOUT SUB-DIVISION,
TH ST
16 MAIN ROAD, B.T.M 1 STAGE,
BENGALURU-560 029
…RESPONDENTS

(BY SMT.K.P.YASHODHA, ADDITIONAL GOVERNMENT
ADVOCATE FOR R1 AND R2;
SRI K.B.MONESH KUMAR, ADVOCATE FOR R3 AND R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482
CODE OF CRIMINAL PROCEDURE PRAYING FOR A WRIT IN THE
NATURE OF CERTIORARI OR ANY OTHER WRIT OR DIRECTIONS
QUASHING THE FOLLOWING PROCEEDINGS
C.C.No.25510/2018 PENDING BEFORE THE CHIEF JUDICIAL
MAGISTRATE AT BENGALURU CITY REGISTER U/S 190 (1) (B)
OF THE CRIMINAL PROCEDURE CODE WHICH IS AT
ANNEXURE-A AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

- 3 -
HC-KAR
NC: 2026:KHC:58517
WP No. 25646 of 2025


CNR: KAHC010552812025



ORAL ORDER
Heard Sri. V.B. Shivakumar, learned counsel for the
petitioner and Smt. K.P. Yashodha, learned Additional
Government Advocate for respondent Nos.1 and 2. None
appears for respondent Nos.3 and 4.

2. Petitioner is the accused in C.C.No.25501/2018,
arising out of Crime No.55/2018 for the offence punishable
under Section 3 of the Prevention of Damage to Public Property
Act and Section 427 of Indian Penal Code.

3. Facts which are utmost necessary for disposal of
the present petition are as under:

4. Petitioner while constructing the house said to have
applied for plan and licence to Bruhat Bengaluru Mahanagara
Palike (hereinafter referred to as ‘BBMP’ for short).

5. As prescribed by the statute, necessary charges
have been paid for road cutting in order to get the water supply
connecting the sewer line to the main drain and for electricity
supply. The same is found at Annexure-R. Assistant Director of

- 4 -
HC-KAR
NC: 2026:KHC:58517
WP No. 25646 of 2025


CNR: KAHC010552812025


Town Planning, BBMP (South) have signed the same on
26.09.2017.

6. The payment of the statutory charges were also
considered before issue of plan and licence to the petitioner for
construction.

7. A complaint came to be lodged by respondent Nos.3
and 4 stating that petitioner has damaged the public property
in violation of the conditions of plan and license and also dug
the foundation which is dangerous to the neighbouring
property.

8. It is also contended that since the damage has
occurred to the public property, Section 3 of Prevention of
Damage to Public Property Act, 1984 is also attracted and an
offence under Section 12 of the Act is also committed by the
petitioner herein and therefore, sought for action.

9. Police after registering the case in Crime
No.55/2018 thoroughly investigated the matter and filed the
charge sheet ignoring Annexure-R.

- 5 -
HC-KAR
NC: 2026:KHC:58517
WP No. 25646 of 2025


CNR: KAHC010552812025



10. Learned Trial Magistrate took cognizance of the
aforesaid offences on receipt of the charge sheet filed by the
Jurisdictional Police.

11. The order taking cognizance and pending
proceedings and order to proceed with the criminal case is
called in question in this petition.

12. Sri V.B. Shivakumar, learned counsel for the
petitioner, reiterating the grounds urged in the petition would
contend that ignoring Annexure-R which is the payment of
statutory fees for the purpose of cutting the road in order to
obtain electricity connection to the main connection and to the
main sewer line and also for electricity lines, charge sheet
under Section 3 of the Prevention of Damage to Public Property
Act, 1984 and Section 427 of Indian Penal Code could not have
been filed at all. Therefore, sought for quashing of the pending
proceedings.

13. Per contra, Smt. K.P.Yashodha, learned Additional
Government Pleader would however support the Continuation
of the criminal case by contending that insofar as Annexure-R is
concerned it is a defence that is available to the petitioner to

- 6 -
HC-KAR
NC: 2026:KHC:58517
WP No. 25646 of 2025


CNR: KAHC010552812025


urge it in the trial. Therefore sought for dismissal of the
petition.

14. Having heard the arguments of both sides this
Court noted that it was the duty of the investigation agency to
find out whether at all the petitioner has unauthorisedly dug
the public road whereby Section 3 of Prevention of Damage to
Public Property Act would get attracted. In that direction,
ignoring Annexure-R and filing the charge sheet has thus
resulted in abuse of process of law.

15. With regard to the allegation that the petitioner has
dug the foundation beyond the permissible limit whereby
damage to the neighbouring property would have occurred is
hypothetical in nature as the building is now complete and
there was no complaint by any of the neighbours nor any
material is placed on record to show that the excavation of the
earth has taken place beyond the permission granted under the
sanction plan.

16. Under such circumstances, in the absence of prima
facie ingredients to attract the offence under Section 3 of
Prevention of Damage to Public Property Act, 1984 and Section

- 7 -
HC-KAR
NC: 2026:KHC:58517
WP No. 25646 of 2025


CNR: KAHC010552812025


427 of Indian Penal Code, learned Trial Magistrate mechanically
taking cognizance of the aforesaid offences and proceeding with
the criminal case against the petitioner has resulted in not only
miscarriage of justice but also abuse of process of law.

17. Accordingly, a case is made out for quashing of the
pending proceedings.

18. Hence, following:
ORDER
allowed
(i) Petition is .

(ii) Consequently, pending proceedings in
C.C.No.25501/2018 before the Chief
Judicial Magistrate, Bengaluru City is
hereby quashed.

Sd/-
(V SRISHANANDA)
JUDGE


MR
List No.: 1 Sl No.: 53
CT:VRR