Dismissed¶59

Sabanna Nagappa Banada v. the State of Karnataka

Karnataka HC11 Feb 2026CRL.P/104786/2025

Case brief

AI extract

What is this about?

Karnataka HC (Dharwad), CRL.P No. 104786 of 2025, Justice V.Srishananda, decided 11-02-2026. Quashing petition under S.528 BNSS against cognizance in C.C.No.21/2021 (Crime No.0076/2012, Bilagi PS) for IPC Ss.447, 468, 471, 420 r/w 34 dismissed; 'B' report challenged by protest petition; ownership/falsity claim held to be a trial defence; no interference with cognizance order.

What did the court decide?

If the accused persons contend that they are the owners of the property and that the complaint is false, that is, at the most, a defence to be established during the trial. ¶55

Sabanna Nagappa Banada Vs the State of Karnataka — Cheating and Forgery | Karnataka HC (2026)

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NC: 2026:KHC-D:2159 CRL.P No. 104786 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 11^TH DAY OF FEBRUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 104786 OF 2025

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

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BETWEEN:

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SABANNA NAGAPPA BANADA AGE. 65 YEARS, OCC. FARMER, R/O. GIRISAGAR VILLAGE, TQ. BILAGI, BAGALKOT KARNATAKA-587116.

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KANAKAPPA NAGAPPA BANADA AGE 60 YEARS, OCC. FARMER, R/O. GIRISAGAR VILLAGE,

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TQ. BILAGI, BAGALKOT KARNATAKA-587116.

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NAGAPPA YANKAPPA SUNAGAD AGE 60 YEARS, OCC. FARMER R/O. GIRISAGAR VILLAGE, TQ. BILAGI, BAGALKOT KARNATAKA-587116.

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CHANDRASHEKAR LAXMAN KATTIMANI

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Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.17 16:59:24 +0530

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CHANDRAPPA YANKAPPA SUNAGAD AGE 58 YEARS, OCC. FARMER, R/O. GIRISAGAR VILLAGE,

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TQ. BILAGI, BAGALKOT KARNATAKA-587116.

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MALLAPPA YANKAPPA SUNAGAD AGE 55 YEARS, OCC. FARMER, R/O. GIRISAGAR VILLAGE,

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TQ. BILAGI, BAGALKOT KARNATAKA-587116.

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HANAMANT YANKAPPA SUNAGAD AGE 52 YEARS, OCC. FARMER, R/O. GIRISAGAR VILLAGE,

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TQ. BILAGI, BAGALKOT KARNATAKA-587116.

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SABANNA YANKAPPA SUNAGAD AGE 52 YEARS, OCC. FARMER R/O. GIRISAGAR VILLAGE

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TQ. BILAGI, BAGALKOT KARNATAKA-587116.

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2 - NC: 2026:KHC-D:2159 CRL.P No. 104786 of 2025

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HC-KAR

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GURUSIDDAPPA MALIYAPPA SONNAD AGE 53 YEARS, OCC. FARMER, R/O. GIRISAGAR VILLAGE, TQ. BILAGI, BAGALKOT KARNATAKA-587116.

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TIPPANNA RAMAPPA JAMBAGI AGE 63 YEARS, OCC. FARMER R/O. GIRISAGAR VILLAGE, TQ. BILAGI, BAGALKOT, KARNATAKA-587116.

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VITHAL HUCHAPPA TALAWAR AGE 58 YEARS, OCC. FARMER, R/O. GIRISAGAR VILLAGE, TQ. BILAGI, BAGALKOT, KARNATAKA-587116.

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…PETITIONERS

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(BY SRI. ANKIT R. DESAI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, BILAGI POLICE STATION, BY ITS POLICE SUB INSPECTOR, JAMAKHANDI SUB DIVISION, DISRICT - 580001. ALSO REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD - 580001.

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PARASAPPA YANKAPPA MANNIKERI AGE 75 YEARS, OCC. FARMER, R/O. GIRISAGAR VILLAGE, BILAGI TALUK, BAGALKOT KARNATAKA 587116.

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…RESPONDENTS

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(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; V/O. DATED 14.01.2026 NOTICE TO R2 IS HELD SUFFICIENT)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BNSS, 2023, PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CRIMINAL CASE NO.21/2021 (CRIME NO.0076/2012 REGISTERED BY BILAGI POLICE STATION) FOR THE OFFENCES PUNISHABLE UNDER SECTION 447, 468, 471, 420 R/W 34 OF IPC PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND J.M.F.C., COURT BILAGI AGAINST THE PETITIONER NO.1 AND 12/ACCUSED NO.1, 2, 4, 5, 6, 7, 8, 9, 11, 12.

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NC: 2026:KHC-D:2159 CRL.P No. 104786 of 2025

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HC-KAR

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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 Ankit Ramesh Desai, learned counsel for petitioners and Smt.Kirtilata R.Patil, learned High Court Government Pleader for respondent No.1.

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Accused No.1, 2, 4 to 9, 11 and 12 are the petitioners challenging the order taking cognizance and proceeding with the criminal case in C.C.No.21/2021 for the offences punishable under Section 447, 468, 471, 420 read with Section 34 IPC.

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Order sheet discloses that petitioners are not regular in attending the Court and they have dragged on the proceedings from the year 2021. On number of occasion exemptions of personal appearance of accused were obtained and non-bailable warrants were issued.

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In the meantime, accused No.3 and 10 have also died. The order sheet of the trial Court discloses that petitioners are not co-operating with the early disposal of the criminal case.

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4 - NC: 2026:KHC-D:2159 CRL.P No. 104786 of 2025

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HC-KAR

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Allegations found in the charge sheet are that when the complainant had been to Goa for eking out his livelihood, these petitioners concocted the documents and thereafter, trespassed into the land of the complainant and they threatened the complainant.

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When the complainant approached the police, police refused to register the case and thereafter, he had approached the Superintendent of Police, Bagalkot. There also, he did not succeed in getting the complaint registered and subsequently has approached the Court with a private complaint and police after registering the case filed ‘B’ final report.

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Subsequently, complainant challenged the ‘B’ report by filing protest petition and got examined himself and placed on record the documents to show that he was the owner of the property and there is prima facie the petitioners herein trespassed into his property for the first time.

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Probative value of the documents placed on record by the complainant has been taken note of by the learned trial Magistrate before taking cognizance of the offences.

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NC: 2026:KHC-D:2159 CRL.P No. 104786 of 2025

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HC-KAR

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If it is the case of the accused persons that they are the owners of the property and it is a false complaint at the most it is a defence that has to be established during the trial.

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