SMT. ANUSUYAMMA vs THE STATE BY
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:57038
CRL.P No. 876 of 2026
CNR: KAHC010043192026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 12 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
CRIMINAL PETITION NO. 876 OF 2026
BETWEEN:
SMT. ANUSUYAMMA
W/O NARAYANASWAMY,
AGED ABOUT 52 YEARS,
R/AT GIDDENAHALLI VILLAGE,
KADABUGERE POST DASANAPURA HOBLI,
BANGALORE NORTH TALUK.
…PETITIONER
(BY SRI CHOKKAREDDY,ADVOCATE)
AND:
1. THE STATE BY
MADHANAYAKANAHALLI POLICE STATION,
REPTD BY THE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BANGALORE - 560 009.
2. SMT. MUTHURAJAMMA,
W/O NARAYANAPPA,
AGED ABOUT 70 YEARS,
3.
SRI. GANGAMUNIYAPPA
S/O. LATE THIMMAIAH,
AGED ABOUT 62 YEARS
4.
SRI. LAKSHMINARAYANA @ RANGASWAMY
@ PAPANNA
S/O. LATE THIMMAIAH,
AGED ABOUT 45 YEARS,
R/AT GIDDENAHALLI VILLAGE,
Digitally Signed by ANANT
RAMNATH HEGDE
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HC-KAR
NC: 2026:KHC:57038
CRL.P No. 876 of 2026
CNR: KAHC010043192026
KADABUGERE POST
DASANAPURA HOBLI,
BANGALORE NORTH TALUK,
PIN-CODE - 562162.
…RESPONDENTS
(BY SRI NAGHARISH G S, HCGP FOR R1,
SRI SIDDESHA UMMATHUR,ADVOCATE FOR R2,
R3 - SERVED, R4 SERVED)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528
BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING
THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH
THE ANNEXURE-A ORDER DATED 23.12.2025 ACCEPTED B
FINAL REPORT BY ADDL.CIVIL JUDGE AND JMFC
NELAMANGALA AND QUASH ANNEXURE-B FINAL REPORT FILED
BY THE RESPONDENT NO.1 IN CRIME NO.19/2018 DATED
11.07.2020 P/U/S 191, 192, 193, 196, 197, 198, 415, 416,
417, 418, 419, 420, 463, 464, 467, 468, 470 R/W 34 IPC BY
ALLOWING THE PETITION.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
ORAL ORDER
Heard the learned counsel appearing for the petitioner,
learned High Court Government Pleader for respondent No.1-
State and the learned counsel appearing for respondent No.2.
2. This petition is filed to quash the order dated
23.12.2025 in terms of which 'B' report filed before the JMFC,
Nelamangala is accepted.
Digitally Signed by ANANT
RAMNATH HEGDE
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HC-KAR
NC: 2026:KHC:57038
CRL.P No. 876 of 2026
CNR: KAHC010043192026
3. FIR was registered in Crime No.19/2018 on
09.01.2018 for the offences punishable under Sections 191,
192, 193, 196, 197, 198, 415, 416, 417, 418, 419, 420, 463,
464, 467, 468, 470 read with Section 34 of Indian Penal Code,
1860.
4. Learned counsel for the petitioner who is the
complainant before the Trial Court would submit that, the
complaint is filed alleging fabrication of records, impersonation,
cheating, and the Police have investigated the matter without
considering the relevant records and filed 'B' report. The
petitioner filed objection to the 'B' report. Thereafter, the case
is posted for hearing on the 'B' report and 'B' report is
accepted.
5. Learned counsel for the petitioner would submit
that the acceptance of 'B' report is contrary to the guidelines
laid down by the co-ordinate Bench of this Court in Dr
1
Ravikumar vs Mrs. K M C Vasantha .
1
CRL.P. No. 536/2017
Digitally Signed by ANANT
RAMNATH HEGDE
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HC-KAR
NC: 2026:KHC:57038
CRL.P No. 876 of 2026
CNR: KAHC010043192026
6. It is the further submission that without recording
the sworn statement, the 'B' report is accepted and the
procedure is erroneous.
7. Learned counsel appearing for respondent No.2
would submit that the petitioner has not offered to record the
sworn statement. After the objection to 'B' report was filed, the
case was adjourned on four occasions. The petitioner did not
come forward for recording the sworn statement. The petitioner
did not file an application to recall the order posting the case
for hearing and argument was addressed on the objection to
the “B’ report and thereafter the Court has accepted the 'B'
report, by assigning reasons.
8. Learned counsel appearing for respondent No.2
would also submit that in the impugned order, the Trial Court
has assigned the reasons as to why the 'B' report is accepted.
The Court has taken note of the fact that a civil suit is pending
since the year 2006. The Court has also taken note of the fact
that the civil suit is pending in O.S.No.118/2017 before the
Senior Civil Judge Nelamangala and the complaint is not
maintainable.
Digitally Signed by ANANT
RAMNATH HEGDE
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HC-KAR
NC: 2026:KHC:57038
CRL.P No. 876 of 2026
CNR: KAHC010043192026
9. Learned counsel for respondent No.2 would also
submit that one more suit is filed by the husband of the
petitioner in O.S.No.262/2016 and the said suit is also in
respect of the same property with the same allegations and
issues are the same.
10. The Court has considered the contentions raised at
the Bar and produced the records.
11. From the contents of the complaint it is noticed
that the petitioner has alleged that accused No.1 is not the wife
of Muniswamappa and she is the wife of Narayana and to this
effect, the records have been produced.
12. The Court after going through the submissions and
records is of the view that the civil suit which is pending before
the Trial Court is almost 9 years old and must be at the final
stages of evidence or argument.
13. All the allegations in the criminal case can be
effectively adjudicated in the pending civil suit as the dispute is
relating to the status of the accused.
Digitally Signed by ANANT
RAMNATH HEGDE
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HC-KAR
NC: 2026:KHC:57038
CRL.P No. 876 of 2026
CNR: KAHC010043192026
14. If it is found that accused No.1 who is a party to the
civil suit has made a claim that she is wife of Muniswamappa
based on fake records and fake documents, then after the
disposal of the civil case, the petitioner-complainant can launch
appropriate criminal prosecution against accused No.1 and
others.
15. The Civil Court, based on evidence records a finding
that accused No.1 is not the legally wedded wife and has used
fake records to make such a claim, can also make suitable
observations for prosecution against accused No.1 and others if
any involved. However, in case if it is found that accused No.1
is legally wedded wife of Muniswamappa, there cannot be any
criminal prosecution against accused No.1.
16. Under these circumstances, the Court is not inclined
to grant any relief to the petitioner to set aside the impugned
order.
17. The Court has also taken note the fact that the
petitioner has not offered to give sworn statement after filing
the 'B' report. That being the petition, in the peculiar facts of
Digitally Signed by ANANT
RAMNATH HEGDE
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HC-KAR
NC: 2026:KHC:57038
CRL.P No. 876 of 2026
CNR: KAHC010043192026
this case, the Court is of the view that the ratio laid down in the
case of Dr Ravikumar supra would not apply to the facts of
this case.
18. Accordingly, the Criminal Petition dismissed .
19. However, it is made clear that this Court has not
expressed anything on the merits or demerits of contentions of
both the parties in the pending civil suits.
20. All contentions kept open.
21. Nothing is expressed on the merits of the pending
civil case.
Digitally Signed by ANANT
RAMNATH HEGDE
(ANANT RAMANATH HEGDE)
JUDGE
GVP
List No.: 1 Sl No.: 6