Siddalingappa Vs State of Karnataka

S/O LATE GURU SIDDEGOWDA, AGED ABOUT 70 YEARS, NO. 31, ASTER APARTMENT, FLAT-103, 11^TH A CROSS, VIRUPAKSHAPURA KODIGEHALLI, VIDYARANYAPURA, BENGALURU-560 097.

¶11

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

¶12

(BY SRI. T P MUTHANNA, ADVOCATE)

¶13

AND:

¶14

…PETITIONER

¶15

STATE OF KARNATAKA THROUGH HALASUR GATE POLICE STATION, BENGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU-560 001.

¶16

2 -

¶17

NC: 2025:KHC:43011 CRL.P No. 1451 of 2024

¶18

HC-KAR

¶19

MR. KRISHNAPPA DEPUTY SECRETARY DEPT. RURAL DRINKING WATER AND SANITATION, 2^ND FLOOR, CAUVERY BHAVAN, BENGALURU-560 009.

¶20

…RESPONDENTS

¶21

(BY SRI. RAJAT SUBRAMANYAM, HCGP., FOR R.1; R.2: SERVED BUT UNREPRESENTED)

¶22

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE CHARGE SHEET IN C.C.NO.31073/2021, PENDING BEFORE THE FILE OF THE 3^RD ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU CITY FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 409, 420, 120(B) READ WITH SECTION 34 OF IPC AGAINST THE PETITIONER, ETC.

¶23

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

¶24

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

¶25

3 -

¶26

NC: 2025:KHC:43011 CRL.P No. 1451 of 2024

¶27

HC-KAR

¶28

ORAL ORDER

¶29

The criminal petition is filed with the following prayers:-

¶30

"(a) call for the records, if necessary.

¶31

(b) quash the charge sheet in CC No.31073/2021, pending before the file of the 3^rd Additional Chief Metropolitan Magistrate, Bengaluru City for the offences punishable u/s 409, 420, 120(B) r/w sec.34 of IPC against the petitioner.

¶32

(c) quash the FIR in CR No.0440/2015 on the file of Respondent No.1 / Halasur Gate Police, for the offences punishable u/s 34, 408, 415, 464 & 420 of IPC against petitioner.

¶33

(d) grant such other relief / order in the circumstances of the case, in the interest of justice."

¶34

The case of the petitioner is that the State Government, through its Karnataka Rural Water Supply and Sanitation Agency (KRWSSA), intended to open an account and deposit certain amounts in fixed deposits in BWSSB Branch of Syndicate Bank. However, by negligence, the Branch opened a savings bank account instead of a fixed deposit account, and the money was deposited in the said account. It is submitted that when the accounts were opened, the petitioner was not serving in the said Branch. It was only after the accounts were opened, the petitioner was transferred to the Syndicate Bank, BWSSB Branch as Manager. It is submitted that he did not

¶35

4 - NC: 2025:KHC:43011 CRL.P No. 1451 of 2024

¶36

HC-KAR

¶37

open any fresh account. However, after realizing that the Bank

¶38

had opened a savings bank account instead of a fixed deposit account which caused loss to the State exchequer, a complaint was lodged in this regard against the Officers of the Bank and in the process, the petitioner herein was also made as accused No.4 in C.C.No.31073/2021 pending on the file of the III Additional Chief Metropolitan Magistrate, Bengaluru.

¶39

It is contended that the petitioner also has been arrayed as an accused without application of mind. It is further submitted that, thereafter, negotiations took place between the State Government and the Bank, and a settlement has been reached wherein certain amounts have been agreed to be paid by the Bank to the State, consequently, there is no loss caused to the State.

¶40

On the ground that there is no loss caused to the State and also that petitioner was not involved in opening of the said savings bank account instead of fixed deposit account, it is prayed that the present petition be allowed and the proceedings against the petitioner in C.C.No.31073/2021 be quashed.

¶41

5 -

¶42

NC: 2025:KHC:43011 CRL.P No. 1451 of 2024

¶43

HC-KAR

¶44

It is also submitted that criminal proceedings against accused No.2, who was in fact responsible for the opening of the bank account itself, has been quashed in Crl.P.No.10558/2022. The aforementioned submissions of the petitioner are not disputed by the learned High Court Government Pleader.

¶45

Admittedly, the allegations pertains to the opening of a savings bank account instead of a fixed deposit account by the Bank Officers, thereby allegedly causing loss to the State Government. In the instant case, the petitioner was not responsible for opening of the Bank account. Further, it is admitted by the State that no loss is caused to the State, as the Bank has subsequently paid certain amounts to the State after due negotiations. Under the circumstances, I see no reason for the proceedings against accused No.4 as to continue in C.C.No.31073/2021 as the facts mentioned hereinabove, which is admitted by the State, even if accepted as true, will not result in the conviction of the petitioner herein.

¶46

6 -

¶47

NC: 2025:KHC:43011 CRL.P No. 1451 of 2024

¶48

HC-KAR

¶49

For the aforementioned reasons, the criminal petition is

¶50

allowed . The proceedings in C.C.No.31073/2021 pending on the file of the III Additional Chief Metropolitan Magistrate, Bengaluru City, stands quashed insofar as it relates to the petitioner herein is concerned.

¶51

Pending interlocutory applications, if any, stand disposed

¶52

of.

¶53

Sd/(M.I.ARUN) JUDGE

¶54

VMB List No.: 1 Sl No.: 7

Siddalingappa v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Siddalingappa v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Mrs. Vibha Manish Tejani Vs Mr. Prakash Chimanlal Sheth

Mr K Dhananjaya Vs State of Karnataka

Smt. Jyothi K N Vs the State of Karnataka

Ramanjani Vs State by Hennur Police

Sri Nithin Saraf Vs State of Karnataka

Sri Ramesh Chandra C Barfiwala Vs Smt Deeptee K Barfiwala