Karnataka High Court quashes proceedings under IPC Sections 406 and 409 against petitioners

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Published 29 October 2026

Case: Mr Bhanu Prakash Pai vs The State Of Karnataka
Court: High Court of Karnataka
Bench: RAVI V HOSMANI
Decided: 27 October 2026
Statutes: Indian Penal Code, 1860 — s.406, s.409
Source: Indian Kanoon (Karnataka HC)

Bottom Line Up Front (BLUF)

In Mr Bhanu Prakash Pai vs The State Of Karnataka, the Karnataka High Court on 2026-10-27 quashed the order dated 2019-03-15 passed by IV ACMM, Bengaluru, taking cognizance of offences under Sections 406 and 409 of the Indian Penal Code, 1860, and the entire proceedings against petitioners no.1 and 2.

Ratio Decidendi · Legal Principle Established

The court quashed the proceedings, implying that the initial order taking cognizance of offences under Sections 406 and 409 of the Indian Penal Code, 1860, and the subsequent proceedings were legally unsustainable against the petitioners.

Practice & Procedural Impact for Advocates

Advocates should review the grounds for quashing criminal proceedings at the cognizance stage, particularly concerning Sections 406 and 409 IPC. Litigants facing similar charges may explore challenging the cognizance order if the facts do not support the alleged offences.

Key Legal Takeaways

1Criminal proceedings can be quashed at the cognizance stage.
2Sections 406 and 409 IPC relate to criminal breach of trust.
3The High Court has the power to quash proceedings initiated by lower courts.

The Legal Issue The petition challenged an order dated 2019-03-15 passed by the IV Additional Chief Metropolitan Magistrate (ACMM), Bengaluru, in CC no.6398/2019. This order had taken cognizance of offences punishable under Sections 406 (criminal breach of trust) and 409 (criminal breach of trust by public servant, or by banker, merchant or agent) of the Indian Penal Code, 1860 (IPC), and initiated proceedings against the petitioners.

Court's Reasoning The Karnataka High Court, presided over by Justice Ravi V Hosmani, considered the petition and found grounds to intervene. The court's decision to quash the cognizance order and the entire proceedings implies that the material on record did not sufficiently establish the elements required for proceeding under Sections 406 and 409 of the IPC against petitioners no.1 and 2. The specific reasons for quashing are not detailed in the provided excerpt, but such actions typically occur when the allegations, even if taken at face value, do not constitute the alleged offences, or if there is an abuse of the process of law.

What Follows The petition is allowed. The order dated 2019-03-15 passed by the IV ACMM, Bengaluru, in CC no.6398/2019, taking cognizance of offences punishable under Sections 406 and 409 of the Indian Penal Code, 1860, as well as the entire proceedings therein, are quashed against petitioners no.1 and 2. This means the criminal case against these petitioners for these specific charges stands terminated.