Dismissed¶46

Shivanappa Wari v. the State of Karnataka

Karnataka HC23 Jan 2026CRL.P/104125/2025

Case brief

AI extract

What is this about?

Quash petition dismissed — CRL.P No.104125 of 2025, S.482 Cr.P.C. / S.528 BNSS, High Court of Karnataka at Dharwad, Justice V.Srishananda, 23-01-2026; complaint and F.I.R. Crime No.65/2025, Vidyanagar Police Station, alleged cheating S.420 r/w 34 I.P.C., pending before I Addl. Civil Judge, Hubli; grounds held to be more in the nature of defence; liberty to place defence before investigation officer and challenge adverse report; complaint by Darshan Kullur dated 27.03.2025 at Ghataprabha Police Station; ₹12,50,000/- paid to Vishwanath Wari on 11.07.2018; HDFC Bank cheque.

What did the court decide?

The criminal petition seeking quashal of the complaint and F.I.R. in Crime No.65/2025 is dismissed. ¶46

Shivanappa Wari Vs the State of Karnataka — Cheating and Forgery | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the complaint and F.I.R. in Crime No.65/2025 registered by Vidyanagar Police Station for alleged offences punishable u/s 420 r/w 34 I.P.C., pending before the I Addl. Civil Judge, Hubli, should be quashed.

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Court's answer

The criminal petition seeking quashal of the complaint and F.I.R. in Crime No.65/2025 is dismissed.

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Ratio / Principle

The grounds urged in the petition are more in the nature of defence; the petitioners can place their defence before the investigation officer and establish that they are no way connected with the alleged crime.

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Key takeaways

Liberty reserved to the petitioners: if any adverse report is filed, they may challenge the same in accordance with law.obiter¶43

Detailed headnote1 paragraphs

Criminal Petition No.104125 of 2025 (under S.482 Cr.P.C. / S.528 BNSS) filed by Shivanappa Wari and Basavaraj Shivanappa Wari praying to quash the complaint and F.I.R. in Crime No.65/2025 registered by Vidyanagar Police Station for alleged offences punishable u/s 420 r/w 34 I.P.C., pending before the I Addl. Civil Judge, Hubli. The underlying complaint was lodged by Sri Darshan Kullur with Ghataprabha Police Station on 27.03.2025, alleging that on 11.07.2018 a sum of ₹12,50,000/- was paid to Sri Vishwanath Wari after typing a bond in an office in Marvel Signet Building near the court complex, Vidyanagara, Hubballi; a cheque for the like sum drawn on HDFC Bank was issued the same day, deposits later stopped, the mobile phone was put off and the office was found closed. Police registered Crime Nos.64/2025 and 65/2025 and were investigating. Holding that the grounds urged in the petition were 'more in the nature of defence', the Court dismissed the petition, reserving liberty to the petitioners to place their defence before the investigation officer and to challenge any adverse report in accordance with law. Single Judge: Hon'ble Mr. Justice V.Srishananda; decided 23 January 2026 (NC: 2026:KHC-D:869).

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NC: 2026:KHC-D:869 CRL.P No. 104125 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 23^RD DAY OF JANUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE V.SRISHANANDA

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CRIMINAL PETITION NO. 104125 OF 2025

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(482(CR.PC)/528(BNSS))

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BETWEEN:

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SHIVANAPPA WARI AGE. 50 YEARS, OCC. RETIRED TEACHER, R/O. VIDYA NAGAR, HUBBALLI, DIST. DHARWAD-560008.

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BASAVARAJ SHIVANAPPA WARI AGE. 28 YEARS, OCC. GOVT. SERVANT, R/O. VIDYA NAGAR, HUBBALLI, DIST DHARWAD-560008.

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…PETITIONERS

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(BY SRI. PRAVEEN KUMAR, ADVOCATE FOR SRI. ANAND R.KOLLI, ADVOCATE)

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AND:

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Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench.

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THE STATE OF KARNATAKA, REPT BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA DHARWAD, THROUGH VIDYANAGAR POLICE STATION, DIST. DHARWAD-580006.

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SRI DHARASHAN S/O LAGAMAPPA KULLUR AGE. 27 YEARS, OCC. FARMER, R/O. NALLANATTI, TQ. GOKAK, DIST. BELAGAVI-591307.

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…RESPONDENTS

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(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. SAJEED A.TAMBOOLI, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (528 OF BNSS), PRAYING TO QUASH THE COMPLAINT AND F.I.R IN CRIME NO.65/2025 REGISTERED BY VIDYANAGAR POLICE STATION FOR THE ALLEGED OFFENCES PUNISHABLE U/S 420 R/W 34

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2 - NC: 2026:KHC-D:869 CRL.P No. 104125 of 2025

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HC-KAR

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OF I.P.C PENDING BEFORE I ADDL. CIVIL JUDGE, HUBLI, IN THE INTEREST OF JUSTICE.

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THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

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Heard Sri Praveen Kumar for Sri Anand R.Kolli, learned counsel for petitioners and Smt.Kirtilata R.Patil, learned High Court Government Pleader for respondent No.1. Sri Sajeed A.Tamboli, learned counsel for respondent No.2 absent.

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Petition filed under Section 482 Cr.P.C. with the following prayer:

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“To quash the complaint and F.I.R in Crime No.65/2025 registered by Vidyanagar Police Station for the alleged offences punishable u/s 420 r/w 34 of I.P.C pending before I Addl. Civil Judge, Hubli, in the interest of justice.”

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Facts which are at most necessary for disposal of the present petition are as under:

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3.1 A complaint came to be lodged by Sri Darshan Kullur with Ghataprabha Police Station on 27.03.2025, wherein it has

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been stated that on 11.07.2018, when complainant and his

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3 - NC: 2026:KHC-D:869 CRL.P No. 104125 of 2025

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HC-KAR

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father had been to Court complex near Vidyanagara Hubballi and they had carried the money. Accused persons said to have told them to type a bond in the office situated in Marvel Signet Building and a sum of ₹12,50,000/- was paid by the complainant to Sri Vishwanath Wari.

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3.2 On the very same day, Sri Vishwanath Wari had issued a cheque in a sum of ₹12,50,000/- drawn on HDFC Bank. His family members were present when the said incident occurred. Vishwanath Wari had paid small amounts about 3 to 4 times the amount and he has assured that he should bring some more persons so that he will get a better income.

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3.3 However, subsequently stopped depositing the amount to the account of the complainant and therefore, complainant and others called Vishwanath Wari on his mobile telephone. But the said mobile telephone was put off.

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3.4 As such, they tried for the Vishwanath Wari and others near the place where they had handed over the money, but the office was closed. Therefore, they sought for action.

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NC: 2026:KHC-D:869 CRL.P No. 104125 of 2025

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HC-KAR

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Police after registering the case in Crime No.64/2025 and 65/2025 and are investigating the matter.

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The grounds urged in the petition are more in the nature of defence and the petitioners can place their defence before the investigation officer and establish that they are no way connected with the alleged crime. If any adverse report is filed, they may challenge the same in accordance with law.

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With that liberty reserved for petitioner, following order is passed.

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ORDER

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Petition is dismissed.

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Sd/(V.SRISHANANDA) JUDGE

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CLK CT:CMU LIST NO.: 2 SL NO.: 19

Shivanappa Wari v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Shivanappa Wari v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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