Dismissed¶52

Munibachappa v. the State of Karnataka by

Karnataka HC23 Feb 2026CRL.RP/79/2018

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; CRL.RP No. 79 of 2018; Justice S Vishwajith Shetty; decided 23.02.2026; NC: 2026:KHC:11058. Revision under S.397/401 CrPC by de facto complainant against Special Judge's order accepting police 'B' final report and closing case in Crime No.380/2008 (offences under S.506 r/w S.149 IPC and S.3(1)(x) SC/ST (Prevention of Atrocities) Act, 1989); objection to B report rejected; background civil dispute O.S.No.3456/1992; two-day delay in approaching police; caste certificate not produced; petition dismissed, no interference.

What did the court decide?

On a perusal of the material on record, there is a civil dispute between the two parties and the Police, after investigation and taking into consideration that the parties are before the Civil Court in O.S.No.3456/1992, filed the 'B' final report in Crime No.380/2008.

Munibachappa Vs the State of Karnataka by — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC:11058 CRL.RP No. 79 of 2018

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF FEBRUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 79 OF 2018 (397(Cr.PC) / 438(BNSS))

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BETWEEN:

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MUNIBACHAPPA S/O.LATE MUNIYAPPA AGED ABOUT 59 YEARS OCC:GOVERNMENT EMPLOYEE R/AT NO.4099, SHAMPUR ARABIC COLLEGE POST BENGALURU-560 045

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…PETITIONER

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(BY SRI R.B.DESHPANDE, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY D.J.HALLI POLICE STATION BENGALURU-560 045

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Digitally signed by B LAVANYA

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Location: HIGH COURT OF KARNATAKA

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C.S.PRAKASH S/O.CHIKKASONNAPPA AGED ABOUT 48 YEARS R/AT NO.1999 1^ST 'A' CROSS ROAD ANAND GOKUL LAYOUT KAVERI NAGARA R.T.NAGAR POST BENGALURU-560 032

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C.S.JAGADISH S/O.CHIKKASONNAPPA AGED ABOUT 45 YEARS R/AT NO.1999 1^ST 'A' CROSS ROAD

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NC: 2026:KHC:11058 CRL.RP No. 79 of 2018

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HC-KAR

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ANAND GOKUL LAYOUT KAVERI NAGARA R.T.NAGAR POST BENGALURU-560 032

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C.S.SURESH S/O.CHIKKASONNAPPA AGED ABOUT 38 YEARS R/AT NO.1999 1^ST 'A' CROSS ROAD ANAND GOKUL LAYOUT KAVERI NAGARA R.T.NAGAR POST

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BENGALURU-560 032

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MUNINAGAPPA S/O.LATE PARANNA AGED ABOUT 51 YEARS R/AT NO.46 NEW NO.3739 SHAMPURA VILLAGE ARABIC COLLEGE POST BENGALURU-560 045

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RAJA S/O.LATE NARAYANAPPA AGED ABOUT 43 YEARS R/AT NO.15 SHAMPURA VILLAGE 5^TH CROSS ARABIC COLLEGE POST BENGALURU-560 045

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PRABAKAR AGED ABOUT 40 YEARS R/AT NO.700/66 SHANKARAMMA NILAYA NEAR DODDAMMA TEMPLE SHAMPURA VILLAGE

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NC: 2026:KHC:11058 CRL.RP No. 79 of 2018

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HC-KAR

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ARABIC COLLEGE POST BENGALURU-560 045

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…RESPONDENTS

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(BY SRI CHANNAPPA ERAPPA, HCGP FOR R-1;

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SRI H.S.RAMAMURTHY, ADVOCATE FOR R-6 & R-7; NOTICE TO R-2 TO R-4 IS HELD SUFFICIENT VIDE ORDER DATED 18.02.2026)

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THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 READ WITH SECTION 401 OF CR.P.C PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 19.10.2017 PASSED BY LXX ACC AND SESSIONS JUDGE, SPECIAL JUDGE, BENGALURU AND DIRECT THE SPECIAL JUDGE TO CONSIDER THE COMPLAINT OF PETITIONER AFRESH IN ACCORDANCE WITH LAW.

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

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CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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The de facto complainant is before this Court in this Criminal Revision petition filed under Section 397 read with Section 401 of Cr.PC. with a prayer to set aside the order dated 19.10.2017 passed in Crime No.380/2008 by the Court of LXX

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ACC and Sessions Judge and Special Judge, Bengaluru.

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Heard learned counsels for parties.

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D.J.Halli Police, Bengaluru had registered an FIR in

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Crime No.380/2008 against respondent Nos.2 to 7 herein for

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4 - NC: 2026:KHC:11058 CRL.RP No. 79 of 2018

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HC-KAR

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the offences punishable under Section 506 read with Section 149 of IPC and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The Police, after investigation had filed a 'B' final report in the said case. Learned Special Judge has accepted the 'B' report and closed the complaint.

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Assailing the said order, the de facto complainant is before this Court.

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A perusal of the material on record would go to show that there is a civil dispute between the two parties and the Police after investigation, taking into consideration the parties are before the Civil Court in O.S.No.3456/1992 in respect of the civil dispute between them, has filed 'B' final report in the criminal case, which was registered against respondent Nos.2 to 7 by D.J.Halli Police in Crime No.380/2008. The petitioner had filed an objection before the trial Court opposing the receipt of the 'B' final report.

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Learned Special Judge taking into consideration the civil dispute between the parties and also the delay of two days

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NC: 2026:KHC:11058 CRL.RP No. 79 of 2018

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HC-KAR

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in approaching the Police has accepted the final report and closed the case. Learned Special Judge has also observed that there is no material to show that the complainant is the owner of the land in dispute and he also had not produced his caste certificate.

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Under the circumstances, I do not find any good ground to interfere with the order impugned. Accordingly, this Criminal Revision Petition is dismissed .

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Sd/(S VISHWAJITH SHETTY) JUDGE

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List No.: 1 Sl No.: 22

Munibachappa v. the State of Karnataka by

Case brief

What is this about?

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Munibachappa v. the State of Karnataka by

Case brief

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