Allowed¶37

Sri. Arvind Kambar v. State of Karnataka by

Karnataka HC24 Nov 2025CRL.P/11981/2023

Case brief

AI extract

What is this about?

Quash petition under S. 482 CrPC; offences under S. 409, 420, 120B and 34 IPC; mis-deposit of State funds in savings account instead of fixed deposit; Dena Bank; Rural Drinking Water and Sanitation Department; petitioner as Accused No.6; not officer in charge at time of deposit; bank paid equivalent interest, no loss to State; no mens rea or actus reus; C.C.No.31073/2021; CR.No.440/2015; Halasurugate Police Station; IV Additional Chief Metropolitan Magistrate, Bangalore; Karnataka High Court, 24-11-2025; Justice M.I. Arun.

What did the court decide?

Criminal Petition allowed; proceedings in C.C.No.31073/2021 pending before the IV Additional Chief Metropolitan Magistrate Court, Bangalore, stand quashed insofar as they relate to the petitioner. ¶37

Sri. Arvind Kambar Vs State of Karnataka by — Cheating and Forgery | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Criminal Petition allowed; proceedings in C.C.No.31073/2021 pending before the IV Additional Chief Metropolitan Magistrate Court, Bangalore, stand quashed insofar as they relate to the petitioner.

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Issue for consideration

Whether the criminal proceedings in C.C.No.31073/2021 (CR.No.440/2015), in which the petitioner is arrayed as Accused No.6 for offences under Sections 409, 420, 120(B) read 34 IPC, should be quashed under Section 482 Cr.PC. +1 more

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Court's answer

The petitioner was not the officer in charge when the government amount was deposited (erroneously into the savings bank account instead of a fixed deposit); he had assumed charge only thereafter.

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Ratio / Principle

The bank reimbursed the State with appropriate interest and the State did not suffer any loss.

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Key takeaways

The facts do not disclose any mens rea or actus reus against the petitioner for the offences under Sections 409, 420, 120B and 34 IPC.ratio¶35
In view of the above, it is a fit case to quash the proceedings against the petitioner.ratio¶35

Detailed headnote1 paragraphs

High Court of Karnataka (M.I. Arun, J.), by oral order dated 24.11.2025 in CRL.P No. 11981 of 2023 filed under Section 482 Cr.PC, allowed the petition and quashed the proceedings in C.C.No.31073/2021 (CR.No.440/2015, Halasurugate Police Station) under Sections 409, 420, 120B and 34 of the Indian Penal Code, 1860, pending before the IV Additional Chief Metropolitan Magistrate Court, Bangalore, insofar as they related to the petitioner, who was arrayed as Accused No.6. The case arose from State funds meant to be placed in fixed deposits at Dena Bank having been erroneously credited to a savings bank account, causing lesser interest to the State. Quashing was warranted because the petitioner was not the officer in charge when the amount was deposited, the bank subsequently reimbursed the State with equivalent interest so that no loss was suffered, and the facts disclosed neither mens rea nor actus reus against him; the learned HCGP admitted these submissions.

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NC: 2025:KHC:48576 CRL.P No. 11981 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE M.I.ARUN CRIMINAL PETITION NO. 11981 OF 2023

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BETWEEN:

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SRI. ARVIND KAMBAR AGED ABOUT 65 YEARS, S/O LATE IRAPPA, R/AT NO.416, 1ST MAIN, 2ND CROSS, TALCAUVERY LAYOUT, BYATARAYANA PURA, BENGALURU - 560 092

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&PETITIONER

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(BY SRI. MRC MANOHAR.,ADVOCATE)

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AND:

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Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA BY HALASURUGATE POLICE STATION, BENGALURU, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE - 560 001.

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KRISHNAPPA B MAJOR IN AGE, DY. SECRETARY, RURAL DRINKING WATER AND SANITATION DEPARTMENT, II FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU - 560 009

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&RESPONDENTS

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(BY SRI. RAJAT SUBRAMANYAM, HCGP FOR R1 AND R2)

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NC: 2025:KHC:48576 CRL.P No. 11981 of 2023

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HC-KAR

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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.PC PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.31073/2021 (CR.NO.440/2015) REGISTERED BY THE HALASURUGATE POLICE STATION, BENGALURU, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 409, 420, 120(B) READ 34 OF INDIAN PENAL CODE AND THE SAME IS NOW PENDING BEFORE THE HON'BLE III ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU.

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THIS PETITION, COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE M.I.ARUN

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ORAL ORDER

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The State of Karnataka, through its Rural Drinking Water and Sanitization Department, deposited certain amounts in Dena Bank to be kept in fixed deposits. However, the officials of the bank, instead of depositing the money in fixed deposits, have deposited the same to the savings bank account. This resulted in lesser interest to the state. Aggrieved by it, a complaint was lodged and a police report has been filed against several officers of

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3 - NC: 2025:KHC:48576 CRL.P No. 11981 of 2023

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HC-KAR

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the bank and the present petitioner has been arrayed as accused No.6 in C.C.No.31073/2021, pending on the file of IV Additional Chief Metropolitan Magistrate Court, Bangalore.

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The case of the petitioner is that he was not the concerned officer when the amount was deposited and he assumed charge only thereafter. Even otherwise, it is submitted that subsequently the bank has considered the deposit as fixed deposit and has paid the equivalent interest amount to the state. It is further submitted that it

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was a bona fide mistake on the part of the bank officials, when instead of keeping it as a fixed deposit, they deposited the amount in the savings bank account. There is no mens rea on part of the petitioner as alleged for committing the offences under Sections 409, 420, 120B and 34 of the Indian Penal Code, 1860 (for short, 'the IPC').

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NC: 2025:KHC:48576 CRL.P No. 11981 of 2023

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HC-KAR

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The learned High Court Government Pleader

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fairly admits the aforementioned submission made by the learned counsel for the petitioner.

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As the petitioner was not the officer in charge when the amount was deposited by the government, which was erroneously deposited in the savings bank account instead of a fixed deposit and the bank having reimbursed the state with an appropriate interest and the state having not suffered any loss and also for the reason that the aforementioned facts does not disclose any mens rea or actus reus as against the petitioner herein, I am of the opinion that it is a fit case to quash the proceedings against the petitioner. Hence the following:

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ORDER

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i. The Criminal Petition is hereby allowed. ii. The proceedings in C.C.No.31073/2021, pending on the file of IV Additional Chief Metropolitan Magistrate Court,

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