- 1 - HC-KAR NC: 2025:KHC:48576 CRL.P No. 11981 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN CRIMINAL PETITION NO. 11981 OF 2023 BETWEEN: 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 &PETITIONER (BY SRI. MRC MANOHAR.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY HALASURUGATE POLICE STATION, BENGALURU, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE - 560 001. 2. KRISHNAPPA B MAJOR IN AGE, DY. SECRETARY, RURAL DRINKING WATER AND SANITATION DEPARTMENT, II FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU - 560 009 &RESPONDENTS (BY SRI. RAJAT SUBRAMANYAM, HCGP FOR R1 AND R2) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48576 CRL.P No. 11981 of 2023 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. THIS PETITION, COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 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 - 3 - HC-KAR NC: 2025:KHC:48576 CRL.P No. 11981 of 2023 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. 2. 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 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'). - 4 - HC-KAR NC: 2025:KHC:48576 CRL.P No. 11981 of 2023 3. The learned High Court Government Pleader fairly admits the aforementioned submission made by the learned counsel for the petitioner. 4. 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: ORDER 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, - 5 - HC-KAR NC: 2025:KHC:48576 CRL.P No. 11981 of 2023 Bangalore, insofar as it relates to the petitioner herein is concerned, stand quashed. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 3