'Systemic Fraud' Involving Public Servants: Karnataka High Court Denies Relief To Hotelier Accused Of Forging Aadhar To Usurp Vacant Lands

Refusing to quash a cheating case against a hotelier and kitchen steward accused of creating fake Aadhar Cards and usurping vacant properties in Mangalore in connivance with officials of the sub-registrar office, the Karnataka High Court expressed its concern at the involvement of public servants remarking it was a cause of public concern. While dismissing the petitions filed by Jagadish Devdas Anchan and Nityanand Kundar Justice M Nagaprasanna in his order said:"Diving back to the facts of this case, this Court is aghast at the audacity of the attempt. The connivance of public servants in facilitating the crime, if proven, renders the matter one not of private grievance, but of public concern. The civil suit, pending though it may be, cannot eclipse the penal consequences, of what appears to be a serious offence, as the narrative in the case at hand unfolds not merely a tale of civil discord, but a systematic and deliberate fraud having all hues of a crime. Therefore, I deem it appropriate to observe that there cannot be foreclosure of investigation, in a case where a criminal enterprise is disguised as land transaction. The machinery of law must not be paralyzed in the face of carefully orchestrated deception. It, in fact, has all the hues and shades of a thrilling potboiler. These are matters which would require an investigation, in the least"The petitioners are charged for offences punishable under Sections 419, 420, 465, 467, 468, 471 and 34 of the Indian Penal Code on the complaint filed by Harish Shetty who is the power of attorney holder for Vijaya Adappa and others who are related to Bhavani Adappa.It was alleged that during her lifetime, she had purchased land measuring one acre in Sy.No.186/2 situated at Surathkal Village through a registered sale deed dated 26-02-1964. The petitioners are said to have conspired to usurp the property which belonged to late Bhavani Adappa. In furtherance, several acts are done by them in connivance with public servants i.e., the Sub-Registrar and officers of the Corporation. Manjula Adappa, a relative of the deceased came to know of this when the land was put to auction by YES Bank. Following which the complaint filed a suit for injunction against third parties and criminal case. The petitioners argued that the issue in the lis is purely civil in nature. The power of attorney holder of the owner of the property has instituted civil suits, which are pending adjudication before the competent civil court. Public servants might have been involved in the present case. The petitioners are private parties and have nothing to do with the sale that has taken place of the suit property. They got the property through registered documents The complainant argued that if the modus operandi of accused Nos. 1 and 2 is seen, no vacant land is safe. They are the land mafia in Mangalore; identify abandoned vacant lands, create documents, generate sale deeds, sell them to naïve purchasers and wash off their hands. These cases though have a flavour of civil law, but have complete ingredients of the offences that are alleged. FindingsThe court said that no doubt, civil suit is also filed on the same cause of action however it would not mean that the aforesaid modus operandi of accused Nos.1 and 2 in wanting to knock off the property can be brushed aside, so as to contend that there are no criminal acts performed by the accused at all.The bench said “The family of the GPA holder of the complainant, are all naïve people who have been hoodwinked by the perpetrators of forgery, like accused Nos.1 and 2.” Rejecting the contention of petitioners that civil suits are instituted on the same cause of action and thus petitions be allowed the court said “The submission that these are civil proceedings in disguise, hence undeserving of criminal investigation is rejected and the law is too well settled, that the same set of facts, may give rise to both civil liability and criminal culpability.” Accordingly the court dismissed the petitions.Case Title: Jagadish Devdas Anchan AND State of Karnataka & ANRCounsel for petitioners: Advocate Ananya Praneeth, for Petitioner.Counsel for R1: Additional State Public Prosecutor B.N. JagadeeshCounsel for R2: Advocate K.S.PonnappaCitation No: 2025 LiveLaw (Kar) 243Case No: CRIMINAL PETITION No.4470 OF 2025 C/W CRIMINAL PETITION No.8628 OF 2024Click Here To Read/Download Order

'Systemic Fraud' Involving Public Servants: Karnataka High Court Denies Relief To Hotelier Accused Of Forging Aadhar To Usurp Vacant Lands

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