- 1 - HC-KAR NC: 2026:KHC-D:1057 CRL.P No. 101547 of 2022 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 101547 OF 2022 (482(CR.PC)/528(BNSS)) BETWEEN: SRI H. BASAVARAJ S/O H. BASAPPA AGE 69 YEARS, OCC. RETIRED EMPLOYEE R/O. D.NO.2954/4, MCC B BLOCK, 5TH MAIN, DAVANAGERA. NOW R/O. D.NO. 15, FIRST FLOOR, 8TH CROSS, OPPOSITE TO AMODHA APARTMENT, DODDAKAMMANAHALLI GOTTIGERE-POST B.G. ROAD, BANGALORE-560083 …PETITIONER (BY SRI. MADHUSUDAN P.N., ADVOCATE FOR SRI. B.C. JNANAYYA SWAMI, ADVOCATE) AND: 1. PRAGATHI KRISHNA GRAMENA BANK (PRESENTLY KARNATAKA GRAMIN BANK) REPRESENTED BY M.G BHAT, THE THEN CHAIRMAN , MAJOR POST BOX NO. 55, 32 SANGANAKAL ROAD, HEAD OFFICE, GANDHI NAGAR BALLARI-583101. 2. SRI V.R. SHANBOGUE THE THEN CHAIRMAN TUNGABHADRA GRAMINA BANK, NOW PRESENTLY KNOWN AS PRAGATHI KRISHNA GRMINA HEAD OFFICE, GANDHI NAGAR BALLARI-583101. 3. SRI M.M. KUDUVA THE THEN GENERAL MANAGER TUNGABHADRA GRAMINA BANK, NOW PRESENTLY KNOWN AS PRAGATHI KRISHNA GRAMINA BANK, HEAD OFFICE, BALLARI-583101. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench. - 2 - HC-KAR NC: 2026:KHC-D:1057 CRL.P No. 101547 of 2022 4. SRI. K.N PRASAD THE THEN SENIOR MANAGER, TUNGABHADRA GRAMINA BANI NOW PRESENTLY KNOWN AS PRAGATHI KRISHNA GRAMINA BANK POST BOX NO. 5532 SANGANAKAL ROAD, HEAD OFFICE, GANDHI NAGAR, BELLARI-583101. 5. SRI M.R. PATTABHIRAMAN THE THEN BOARD OF DIRECTOR, TUNGABHADRA GRAMINA BANK, NOW PRESENTLY KNOWN AS PRAGATHI KRISNA GRAMINA BANK, NOMINATED BY RBI HAVING, ITS CENTRAL OFFICE AT MUMBAI. 6. SRI K. SUBRAMANYA THE THEN BOARD OF DIRECTOR, TUNGABHADRA GRAMINA BANK, NOW PRESENTLY KNOWN AS PRAGATHI KRISNA GRAMINA BANK, NOMINATED BY RBI HAVING ITS CENTRAL OFFICE AT MUMBAI. 7. SRI B.P. VISWANATH THE THEN BOARD OF DIRECTOR, TUNGABHADRA GRAMINA BANK, NOW PRESENTLY KNOWN AS PRAGATHI KRISNA GRAMINA BANK, NOMINATED BY CANARA BANK, HAVING ITS CENTRAL OFFICE AT BANGALORE. 8. SRI M.D. NARENDRA KUMAR THE THEN BOARD OF DIRECTOR, TUNGABHADRA GRAMINA BANK, NOW PRESENTLY KNOWN AS PRAGATHI KRISNA GRAMINA BANK, NOMINATED BY STATE GOVERNMENT OF KARNATAKA, SECRETARIAT, BANGALORE. 9. SRI P. JANARDHANA REDDY THE THEN CHIEF MANAGER, STAFF SECTION, PRAGATHI KRISHNA GRAMINA BANK, HEAD OFFICE POST BOX NO. 55,32 SANGANAKAL ROAD, GANDHI NAGAR, BALLARI-583101. - 3 - HC-KAR NC: 2026:KHC-D:1057 CRL.P No. 101547 of 2022 10. THE STATE OF KARNATAKA REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, DHARWAD, THROUGH GANDHINAGAR P.S. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R10; SRI. HARSH DESAI, ADVOCATE FOR R1 TO R4, R6, R7 AND R9; NOTICE SERVED TO R5 AND R8) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. SEEKING TO QUASH THE IMPUGNED ORDER DATED 03.01.2022 IN P.C.NO.282/2013 PASSED BY THE PRL. CIVIL JUDGE AND JMFC., AT BALLARI FOR THE OFFENCE 405, 408, 409, 417, 420, 465, 468, 471, 477-A R/W 149 OF IPC AND FURTHER RESTORE THE COMPLAINT IN PC. NO.282/2013, BY ALLOWING THE CRIMINAL PETITION, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri. Madhusudhan P. N., learned counsel for the petitioner, Smt. Kirtilata R. Patil, learned High Court Government Pleader for respondent No.10-State and Sri.Harsh Desai, learned counsel for respondent Nos.1 to 4, 6, 7 and 9. 2. Respondent Nos.5 and 8 served with the notice and remained absent. - 4 - HC-KAR NC: 2026:KHC-D:1057 CRL.P No. 101547 of 2022 3. This petition is filed by the petitioner under Section 482 of the Code of Criminal Procedure, 19731, with the following prayer: “Wherefore the petitioner respectfully prays that this Hon’ble Court may be please to quash the impugned order dated 03.01.2022 in P.C.No.282/2013 passed by the Prl. Civil Judge and JMFC, at Ballari for the offence 405, 408, 409, 417, 420, 465, 468, 471, 477-A r/w. 149 of IPC and further restore the complaint in P.C.No.282/2013 by allowing the Criminal Petition in the interest of justice.” 4. Facts in nutshell which are utmost necessary for disposal of the present petition are as under: 5. A private complaint came to be filed by the petitioner in PCR No.282/2013, which was referred to the jurisdictional police for investigation and submission of a report under Section 156(3) of Cr.P.C. 6. Based on the said directions, Gandhinagar Police, Ballari registered the case in Crime No.327/2013 on 1 For short, ‘Cr.P.C.’ - 5 - HC-KAR NC: 2026:KHC-D:1057 CRL.P No. 101547 of 2022 25.10.2013 and after thorough investigation filed ‘B’ final report. 7. Notice of the ‘B’ final report was served upon the complainant, pursuant to which he filed a protest petition. 8. Thereafter, the sworn statements of the complainant and his witnesses were recorded, and the documents were placed before the learned Trial Magistrate. 9. Upon consideration, the learned Trial Magistrate found that the sworn statement and the documents on record were insufficient to reject the ‘B’ final report and accordingly, accepted the ‘B’ final report, thereby terminated the criminal proceedings. 10. Being aggrieved by the same, defacto complainant is before this Court. 11. Learned counsel for the petitioner would contend that there is a total non-application of mind on the part of the learned Trial Magistrate in accepting the ‘B’ final report and rejecting the protest petition, and therefore sought for allowing the petition. - 6 - HC-KAR NC: 2026:KHC-D:1057 CRL.P No. 101547 of 2022 12. Per contra, Smt. Kirtilata R. Patil, learned High Court Government Pleader for respondent No.10-State would submit that the role of the State has come to an end by filing ‘B’ final report and therefore, the State is not necessary party and suitable order has to be passed. 13. Sri. Harsh Desai, learned counsel representing the proposed accused in the case apart from merits would contend that the very petition before this Court is not maintainable as the petitioner has an alternative remedy available and may file a revision petition before the appropriate Court. 14. Having heard the arguments of both sides, this Court perused the material on record. 15. On such perusal it is observed that the contention of respondents are correct in submitting that a revision lies against the order accepting the ‘B’ final report before the appropriate Court and present petition is not maintainable. - 7 - HC-KAR NC: 2026:KHC-D:1057 CRL.P No. 101547 of 2022 16. Accordingly, reserving liberty for the petitioner to avail such remedy, the following: ORDER (i) The petition is dismissed. (ii) The time spent before this Court shall be excluded under Section 14 of the Limitation Act. Sd/- (V.SRISHANANDA) JUDGE SMM / Ct-cmu LIST NO.: 2 SL NO.: 25