SRI MANJUNATHA R, vs THE STATE OF KARNATAKA

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 28 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE RAVI V HOSMANI

CRIMINAL PETITION NO. 12946 OF 2026

BETWEEN:

1. SRI. MANJUNATHA R,
S/O. RAMAIAH,
AGED ABOUT 51 YEARS,
OCCUPATION: SURVEY SUPERVISOR,
R/AT NO.5C-115, EAST OF NGEF LAYOUT,
1ST MAIN, BANGALORE NORTH
5TH CROSS, KASTURINAGARA,
KALYANANAGAR,
BENGALURU - 560 043.

2. R. THONTARADHYA,
S/O. LATE N.R. RENUKAPPA,
AGED ABOUT 55 YEARS
ASSISTANT DIRECTOR OF LAND RECORDS,
R/AT DVG ROAD, BEHIND EURO KIDS SCHOOL,
MALUR, KOLAR DISTRICT - 563 130
MOBILE NO.9036280589.
…PETITIONERS










Digitally signed
by ASHWINI
MAYAPPA
MAVARAKAR
Location: High
Court of
Karnataka


(BY SRI. BALAKRISHNA M.R, ADVOCATE)
AND:

1.
THE STATE OF KARNATAKA
BY MALUR POLICE STATION,
REPRESENTED BY ITS STATE PUBLIC
PROSECUTOR, HIGH COURT BUILDING,

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BENGALURU - 560 001.

2.
H.V. GIRISH
S/O. LATE H.D. VENKATASWAMY
AGED ABOUT 57 YEARS,
THEN THE TAHASILDAR OF MALUR,
MALUR TALUK,
KOLAR DISTRICT - 563 130.
…RESPONDENTS
(BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1 AND R2)
THIS CRL.P IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS)
PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN
CC.NO.650/2019 ARISING OUT OF CR.NO.287/2017
REGISTERED BY THE 1st RESPONDENT IN MALUR P.S., FOR
THE OFFENCES P/U/S 143, 465, 468, 471, 420, 120(B) R/W
149 OF IPC, U/S 192-A OF KARNATAKA LAND REVENUE ACT,
PENDING BEFORE THE HONBLE PRL. CIVIL JUDGE AND JMFC,
AT MALUR.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI

ORAL ORDER
Challenging order dated 14.08.2019 passed by Prl. Civil
Judge and JMFC, Malur in C.C.no.650/2019 taking cognizance
of offences punishable under Sections 143, 465, 468, 471, 420
and 120B read with Section 149 of IPC and Section 192-A of

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Karnataka Land Revenue Act, 1964 ( KLR Act ), as well as for
quashing of entire proceedings insofar as petitioners, this
petition is filed.

2. Sri M.R.Balakrishna, learned counsel for petitioners
submitted that petitioners were accused no.6 and 7 in
C.C.no.650/2019 on file of Prl. Civil Judge & JMFC, Malur. Said
proceedings were in pursuance of a complaint dated
19.08.2017 filed by respondent no.2 making allegations against
accused no.1-Nanjegowda etc. It was submitted that in
pursuance of complaint, FIR in Crime no.287/2017 was
registered by respondent no.1-Malur Police Station. It was
submitted that name of petitioners did not figure in complaint
nor any allegations were made against them. After
investigation, police filed 'B' report on 20.11.2017. Complainant
has filed protest petition on 09.07.2019, produced as document
no.4 to this petition. For first time in para 10 of protest petition
certain allegations were made against petitioners, which read
as follows :
"10. In fact M.C.Keshavamurthy, the DDLR, Kolar
came to know that the accused Nanjegowda

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intentionally committed a fraud, cheating, forging
the documents to knock off the property in question
in collusion with aforesaid persons and also some
government officials, initiated an enquiry against
the accused Nanjegowda in G.Co.Bu., enquiry
no.50/2013. M.C.Keshavamurthy the DDLR issued a
notice to the accused Nanjegowda to say in the
matter. But the accused Nanjegowda never turned
up, not gave statement or not produced documents
before the DDLR, Kolar. The said DDLR had held a
detailed enquiry and perused the relevant
documents pertaining to Sy.no.30/P4 of
Haradakotturu village, Malur taluk and detail orders
was passed on 16.01.2016. In the said order it
reveals that one Sri R.Manjunath a surveyor and
also Sri R.Thontaradya in-charge supervisor of
survey department, Malur taluk, were in hands in
glove of accused Nanjegowda. The above two
persons and accused Nanjegowda have joined
together and fraudulently created a false survey
documents in favour of Nanjegowda and gave new
Sy.no.65. The aforesaid survey document (Podi
sketch) new Sy.no.65 of Haradakothuru village,
Malur taluk has cancelled by the said DDLR."

3. It was submitted that allegations against petitioners
were, therefore, based only on an observation by DDLR, Kolar
that petitioners were hands in glove with accused no.1
Nanjegowda in fraudulently creating survey documents to

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favour Nanjegowda. Order of DDLR dated 16.01.2016 was
questioned by Nanjegowda before DC, Kolar in Revision
no.21/2015-16. Though Revision was dismissed on 19.07.2017,
in W.P.no.37670/2017 filed by Nanjegowda, this Court on
31.01.2022 quashed order of DDLR and DC with following
observations:
" ORDER

i. The writ petition is allowed in part.
ii. The impugned order dated 19.07.2017
passed by the second respondent Deputy
Commissioner at Annexure-A and the
order dated 16.01.2015 passed by the
third respondent-Deputy Director of Land
Records and Technical Assistant at
Annexure-B, are hereby quashed and set
aside.

iii. The revenue authorities are duty bound to
consider the application for durasth made
by the petitioner. Therefore, they shall
conduct the durasth work in respect of 2
acres of land in Sy.no.30 of Hardhakotur
village, Takal Hobli, Malur Taluk, Kolar
District, fix the boundaries and permit the
petitioner to carry on the business of Jelly
Crushing in terms of the conversion order
passed by the Deputy Commissioner.

iv. If the Government is of the opinion that
there was no grant made in favour of
Sri.Ramappa and neither Sri.Ramappa nor
his successor nor subsequent purchaser
would derive any rights in respect of the
land in question, then the State

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Government is at liberty to initiate action
in accordance with law.

v. Needless to observe that any action to be
taken against the petitioner shall be after
issuance of appropriate notice to the
petitioner and proceedings only in a
manner known to law."


4. It was submitted that basis for allegations against
petitioners were thus, set at naught .

5. Apart from above, it was submitted that petitioners
were Survey Department officials, namely, ADLR and Survey
Supervisor, who had acted on basis of order passed by
Assistant Commissioner, Kolar dated 19.08.2008 at document
no.8 and official memorandum issued by Tahsildar, Malur,
dated 28.08.2008 at document no.9 and as such would be
protected under Section 196 of KLR Act read with Section 197
of Cr.P.C. and cognizance was taken without obtaining sanction
from prosecution. In support of submission about illegality of
order, taking cognizance, learned counsel relied upon decisions
of Hon'ble Supreme Court in D.Devaraja v. Owais Sabeer
Hussain , reported in (2020) 7 SCC 695 and Mahmood Ali
and Others v. State of Uttar Pradesh and Others reported

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in (2023) 15 SCC 488. On above grounds, sought for allowing
petition.

6. Sri Vinay Mahadevaiah, learned HCGP for
respondent-State, on other hand, would oppose petition. It was
submitted that order of taking cognizance by learned
Magistrate was by assigning reasons and observing that
complainant herein was a Government official and 'B' report
filed by Circle Inspector disregarded responsible position of
complainant.

7. Apart from above, there was invocation of Section
120B of IPC alleging petitioners were part of conspiracy and as
matter was yet at stage of investigation, contentions would be
matters for trial. Therefore, quashing petition would be
untenable and sought for dismissal.

8. Heard learned counsel and perused petition and
material on record.

9. This petition is by accused no.6 and 7 for quashing
of order taking cognizance as well as for quashing of entire
proceedings. As noted above, it is not in dispute that name of

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petitioners did not figure either in complaint or in 'B' report filed
by Police. Allegations against petitioners appeared for first time
only in protest petition and were based only on observation
made by DDLR, Kolar, in his order dated 16.01.2016.
Admittedly, said order and order of Deputy Commissioner,
Kolar, in Revision no.21/2015-16 were challenged in
W.P.no.37670/2017 which by order dated 31.01.2022 quashed
orders passed by DDLR dated 16.01.2015 as well as Deputy
Commissioner dated 19.07.2017, but with liberty to State to
take action against Ramappa or subsequent purchasers. Thus,
order which provided basis for allegations against petitioners
itself has been quashed.

10. Besides above, document no.10 would indicate that
departmental proceedings initiated against petitioners ended in
their acquittal on 12.05.2015. This would also enure to
petitioners herein.

11. Besides above, petitioners as officials of Revenue
Department would be entitled to protection under Section 196
of KLR Act read with Section 197 of Cr.P.C. There is no mention

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about obtaining of sanction. For all above reasons, impugned
proceedings would not sustain against petitioners.

12. Hence, Petition is allowed, proceedings in
C.C.no.650/2019 pending before Prl. Civil Judge and JMFC,
Malur taking cognizance of offences punishable under Sections
143, 465, 468, 471, 420 and 120B read with Section 149 of IPC
and Section 192-A of KLR Act stand quashed, insofar as
petitioners/accused no.6 and 7.
Sd/-
(RAVI V HOSMANI)
JUDGE


HNM
List No.: 1 Sl No.: 14