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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20^TH DAY OF SEPTEMBER, 2021

BEFORE

THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV

CRIMINAL PETITION No.8898/2018

Between:

1.

Sri. Karunakarareddy

S/o. Changareddy

Aged about 55 years

BJP Assembly

Candidate

Harapanahalli Taluk

Davanagere 583 131.

Present Address:

R/at 5th Ward

Acharya Badavane

Harapanahalli Taluk,

Davanagere 583 131.

2.

Sri. Kotragowda

S/o. Bhothana Gowda

Aged about 40 years

R/at Ranimasalavada Village

Harapanahalli Taluk

Davanagere 583 131.

3.

Sri. Shekara Gowda

S/o. Hanamantha Gowda

Aged about 60 years

R/at Ragimasalavada Village

Harapanahalli Taluk

Davanagere 583 131.

4.

Sri. Mahanthesha Naika

S/o. Late Gopala Naik

2

Aged about 26 years

R/at Anemegala Tanda Village

Harapanahalli Taluk

Davanagere 583 131.

& Petitioners

(By Sri. B. Sappannavar, Advocate)

And:

1.

State of Karnataka

By Halavagalu Police Station

Halavagalu

Davanagere District

Represented by SPP

High Court of Karnataka

Bengaluru 560 001.

2.

Sri. Ravi L

BEO,

Flying Scwad

Halavagalu PS Limits

Davanagere 583 131. & Respondents

(By Sri. Rachaiah, HCGP for R1;

R2-Served)

*****

This Criminal Petition is filed under Section 482 of Cr.P.C.

praying to call for the entire records in C.C.No.207/2018 on the

file of the Senior Civil Judge and JMFC Court, Harapanahalli and

to quash the charge sheet No.27/2018 at Annexure-C dated

02.05.2018 registered in C.C.No.207/2018 on the file of the

Senior Civil Judge and JMFC, Harapanahalli.

This Criminal Petition coming on for admission this day, the

Court, made the following:

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ORDER

The petitioners have challenged the continuance of

proceedings in C.C.No. 207/2018 and has sought for

quashing

of

the

Charge

Sheet

No.

27/2018

dated

02.05.2018. It is seen that charge sheet has been filed

under Section 171H of IPC as regards the accused.

2.

The case that is made out in the information

given to the Investigating Officer at Annexure-B is that the

complainant, who was the Block Education Officer and Chief

of Flying Squad, during the Assembly Election held in May,

2018 was informed by the Election Officer that on

01.05.2018 at about 11.00 a.m., accused No.1 who was the

candidate had put up Shamiyana within the premises of

Chowdeshwari Temple without written permission from the

Election Commission and conducted the election program

and public meeting with the assistance of accused Nos. 2 to

4. Upon enquiry and after having collected photographs,

complaint was lodged with respondent No.1 and FIR was

registered as regards the offence under Section 171H of

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IPC.

After

obtaining

permission,

investigation

was

conducted and charge sheet was filed, copy of which is

produced at Annexure-C. The charge sheet would make out

an offence under Section 171H of IPC.

3.

Learned counsel for the petitioner would point

out to Section 171H of IPC and submits that as regards

petitioner No.1 i.e., accused No.1, Section 171H of IPC

cannot be invoked as Section 171H of IPC relates to acts

done by person other than the candidate.

4.

Learned HCGP submits that as regards accused

Nos. 2 to 4, who are the other petitioners, the matter would

require looking into the evidence and it would be premature

at this stage for the Court to enter upon appreciation of

evidence and liberty must be reserved to the other accused

to seek appropriate remedy before the trial Court at an

appropriate stage.

5.

Heard both sides.

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6.

There is substantial merit in the contention of the

petitioners that as regards petitioner No.1 the offence under

Section 171H of IPC as made out would not lie. Section

171H of IPC reads as follows:

"171H. Illegal payments in connection with

an election:4Whoever without the general or

special authority in writing of a candidate incurs

or authorises expenses on account of the holding

of