SRI P BASAVARAJU vs SMT AMARAVATHI
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:58718
CRL.P No. 3749 of 2026
CNR: KAHC010172932026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 16 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
CRIMINAL PETITION NO. 3749 OF 2026
BETWEEN:
1. SRI P BASAVARAJU
S/O LATE PILLAPPA,
AGED ABOUT 63 YEARS,
PRACTICING ADVOCATE,
ROLL NO.KAR/974/1990, R/A NO.628/2,
GOPALAPPA COMPOUND, VENKATAPURA,
KORAMANGALA POST, BANGALORE - 560 034.
2. SRI. H.V.MAHADEVAPPA,
S/O LATE VENKATAPPA,
AGED ABOUT 53 YEARS,
PRACTICING ADVOCATE,
ROLL NO.KAR/1905/2000,
NO.159, A.A.LAYOUT, NAYANAHALLI VILLAGE,
ANEKAL TALUK - 562 106,
BANGALORE URBAN DISTRICT.
…PETITIONERS
(BY SRI. VENKATA REDDY G.K., ADVOCATE)
AND:
SMT. AMARAVATHI
AGED ABOUT 40 YEARS
W/O LATE PRASANNA
R/AT SEETHA NAYAKANAHALLI VILLAGE
JIGANI HOBLI,
ANEKAL TALUK
Digitally Signed by ANANT
RAMNATH HEGDE
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HC-KAR
NC: 2026:KHC:58718
CRL.P No. 3749 of 2026
CNR: KAHC010172932026
BENGALORE URBAN DISTRICT - 562 105
MOBILE 9740717119/ 7337773461
…RESPONDENTS
(BY SRI. KRISHNA PRASAD K., ADVOCATE)
THIS CRL.P IS FILED U/S 482 CR.P.C. (FILED U/S 528
BNNS) PRAYING TO SET ASIDE THE ORDER DATED 11.09.2024
PASSED IN PCR NO.11666/2024 BY THE XXXIX A.C.M.M AT
BENGALURU CITY AND IN CRL.RP.NO.538/2024 ON THE FILE
OF THE LXII ADDL.CITY CIVIL AND SESSIONS JUDGE,
BENGALURU CITY CCH-63 REMIT THE MATTER BACK TO THE
TRIAL COURT WITH DIRECTIONS TO TAKE COGNIZANCE OF
THE OFFENCE COMMITTED BY THE RESPONDENT UNDER
SEC.499 AND 500 OF IPC AND REGISTER THE CRIMINAL CASE
AGAINST HER AND PROCEED TO TAKE ACTION IN
ACCORDANCE WITH LAW BY ALLOWING THIS CRL.P.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
ORAL ORDER
1. Heard the learned counsel for the petitioner and the
learned counsel for respondent.
2. This petition is filed to set aside the order dated
11.09.2024 passed in PCR No.11666/2024 by the XXXIX
Digitally Signed by ANANT
RAMNATH HEGDE
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HC-KAR
NC: 2026:KHC:58718
CRL.P No. 3749 of 2026
CNR: KAHC010172932026
Additional Chief Metropolitan Magistrate, Bengaluru and the
order in Criminal Revision Petition No.538/2024 on the file of
LXII Sessions Judge, Bengaluru and to remit the matter back to
the Trial Court with a direction to take cognizance of the
offence, after recording the sworn statement of the petitioners .
3. Learned counsel for the petitioners would submit
that, the petitioners have filed a complaint under Section 499
and 500 of Indian Penal Code, 1860 alleging that, the accused,
who is the respondent in this petition has published defamatory
statements against the petitioners by making false allegations
in the complaint filed by him.
4. It is the contention that the allegation relating to
forgery which is aimed at harming the reputation of the
petitioners and said statement relating to the forgery of
documents has in fact, harmed the reputation of the petitioners
and it amounts to defamation.
5. It is submitted that the private complaint is filed
before the Magistrate, and sworn statement of the petitioner
Digitally Signed by ANANT
RAMNATH HEGDE
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HC-KAR
NC: 2026:KHC:58718
CRL.P No. 3749 of 2026
CNR: KAHC010172932026
and the witnesses should have been recorded and Court should
have passed an order taking cognizance. However, the
Magistrate has issued a direction to the police to investigate the
matter.
6. It is the submission that such a recourse is
impermissible in view of the bar contained in Section 199 of the
Criminal Procedure Code, 1973. Thus, urged that the impugned
orders would set aside and the matter is to be remitted to the
Trial Court.
7. Learned counsel for the respondent/accused would
submit that the complaint itself is not maintainable. It is the
submission that petitioner no.1 in collusion with petitioner no.2
has forged the signature of the complainant and same is used
in judicial proceedings and in this behalf a private police
complaint is filed. The police have investigated the matter and
the forensic expert's report would indicate that the signature is
forged and the petitioners have questioned the same before
this Court in Criminal Petition No.8048/2024.
Digitally Signed by ANANT
RAMNATH HEGDE
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HC-KAR
NC: 2026:KHC:58718
CRL.P No. 3749 of 2026
CNR: KAHC010172932026
8. It is the submission that the further proceeding is
not stayed against the petitioner no.2. However, as against
petitioner no.1, proceeding is stayed.
9. Learned counsel for the respondent would submit
that prima facie the respondent is justified in lodging the
complaint alleging forgery as the forensic expert’s report would
indicate that the signature is forged. Thus, it is the contention
that the allegation cannot be said to be defamatory.
10. The Court has considered the contentions raised at
the bar and perused the records.
11. There is no dispute over the fact that the complaint
by the respondent is investigated by the police. The disputed
signatures were subjected to forensic expert’s examination and
report is submitted stating that the signature is forged.
12. It is noticed that criminal petition is pending in
Crl.P.No.8048/2024 wherein the petitioners have questioned
the charge sheet and the Court has not granted the stay as
Digitally Signed by ANANT
RAMNATH HEGDE
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HC-KAR
NC: 2026:KHC:58718
CRL.P No. 3749 of 2026
CNR: KAHC010172932026
against the petitioner no.1 and as against petition no.2, there is
a stay order.
13. The Court is of the view that whether the
allegations of forgery are false or not have to be tried and
tested in the pending criminal case.
14. At this juncture, when the expert’s opinion prima
facie suggest that the signature is forged, the complaint filed by
the petitioners alleging defamation is certainly premature. The
act of the complainant lodging a complaint cannot be said to be
an act aimed at harming the reputation of the petitioners at
this juncture. Under the circumstances, the petitioners could
not have filed the private complaint at all.
15. Accordingly, the following:-
ORDER
allowed
i. Criminal petition is .
ii. The impugned order dated 11.09.2024
passed in PCR No.11666/2024 by XXXIX
Additional Chief Metropolitan Magistrate,
Bengaluru and the order in Criminal
Digitally Signed by ANANT
RAMNATH HEGDE
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HC-KAR
NC: 2026:KHC:58718
CRL.P No. 3749 of 2026
CNR: KAHC010172932026
Revision Petition No.538/2024 on the
file of LXII Sessions Judge, Bengaluru
are set aside.
iii. Since the Court has taken the view that
the complaint is premature, the
complainant has to withdraw the
complaint before the Trial Court.
iv. The complainant will be liberty to file
such complaint as available in law at an
appropriate stage.
Digitally Signed by ANANT
RAMNATH HEGDE
(ANANT RAMANATH HEGDE)
JUDGE
NMS
List No.: 1 Sl No.: 9