- 1 - NC: 2025:KHC:15666 CRL.P No. 676 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 676 OF 2025 BETWEEN: SRI CHANDRASHEKARA NAIK K. V, S/O VEERANAIKA, AGED ABOUT 37 YEARS, OCCUPATION: POST MASTER, PRESENTLY RESIDING AT KOMMARAGHATTA THANDYA, KURUVANKA, BANAVARA HOBLI, ARASIKERE TALUK, HASSAN DISTRICT - 573 103, MOBILE NO.93532 31793. …PETITIONER (BY SRI BALAKRISHNA M R, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY BANAVARA POLICE STATION, HASSAN DISTRICT, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. 2. VENKATARAMANAPPA A.V, S/O VENKATARAYAPPA, AGED ABOUT 49 YEARS, OCC: ASSISTANT SUPERINTENDENT OF POST, ARASIKERE SUB-DIVISION, ARASIKERE TALUK, HASSAN-573103. …RESPONDENTS (BY SRI M R PATIL, HCGP FOR R1; NOTICE TO R2 IS SERVED AND UNREPRESENTED) Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15666 CRL.P No. 676 of 2025 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 FIR AND COMPLAINT IN CR.NO.119/2024 DATED 14.11.2024 FOR THE ALLEGED OFFENCE P/U/S 409 OF IPC BY THE RESPONDENT NO.1 BANAVARA P.S. AND NOW PENDING ON THE FILE OF HONBLE ADDL.CIVIL JUDGE (JR.DN) AND J.M.F.C AT ARASIKERE, HASSAN DISTRICT. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner has challenged the registration of the First Information Report (FIR) for the offence punishable under Section 409 of the Indian Penal Code (IPC). The second respondent lodged the impugned FIR alleging that the petitioner, who is presently serving as a Post Master, had misappropriated funds to the extent of Rs.7,36,400/- from the savings bank accounts of deceased depositors. 2. Despite having been served with notice, the second respondent–complainant has neither chosen to appear in person nor through counsel. Hence, the matter is proceeded with by placing the second respondent ex parte. - 3 - NC: 2025:KHC:15666 CRL.P No. 676 of 2025 3. The FIR in question was registered on 14.11.2024. The petitioner has produced along with the petition a copy of the communication issued by the second respondent, which indicates that a sum of Rs. 3,00,000/- had been deposited by the petitioner towards the alleged liability, and the balance amount of Rs. 4,36,400/- was yet to be credited to the department. Furthermore, the petitioner has placed on record a copy of the communication dated 05.01.2024, addressed to the respondent, evidencing the deposit of the balance sum of Rs. 4,36,400/- in compliance with the notice issued by the department. 4. The aforesaid communication dated 05.01.2024, annexed as Document No.4 to the petition, has not been disputed or denied by the second respondent. This undisputed fact clearly establishes that the petitioner had remitted the entire amount alleged to have been misappropriated, and that the same had been deposited prior to the lodging of the FIR. 5. In light of the above, it is evident that the essential ingredients necessary to constitute the offence under Section 409 of IPC—particularly the dishonest intention and entrustment coupled with criminal breach of trust—are prima facie absent. The petitioner having restored the entire alleged amount prior to the registration of the FIR, - 4 - NC: 2025:KHC:15666 CRL.P No. 676 of 2025 the continuation of the criminal investigation would amount to an abuse of the process of law and is liable to be quashed in exercise of this Court’s inherent jurisdiction under Section 482 of the Code of Criminal Procedure, 1973. 6. Accordingly, the petition is allowed. The impugned FIR in Crime No.119/2024 registered by Banavara Police Station, insofar as it pertains to the petitioner–accused, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE CHS List No.: 1 Sl No.: 10