IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV CRIMINAL PETITION NO. 12015 OF 2025 BETWEEN:

1. SHEKAR P S/O PUTTASWAMY R.G., AGED ABOUT 41 YEARS, RESIDING AT NO.39, KASABA HOBLI T NARSIPURA TALUK RANGASAMUDRA MYSURU-571 101

2. YASHASWI SOMASHEKAR S/O SHIVANNA S.B.

AGED ABOUT 62 YEARS Digitally signed by VIDYA G R RESIDING AT 69/1 Location: HIGH M.G. ROAD, FORT COURT OF KARNATAKA MOHALLA, MADHUVANA MYSURU-570 004 NAME AS SHOWN IN AADHAR CARD:

SOMASHEKAR S … PETITIONERS (BY SRI. SUDHARSAN SURESH., ADVOCATE)

AND:

1. STATE OF KARNATAKA BY BANNUR POLICE TIRUMAKUDAL NARSIPURA MYSURU-571 101 REP BY SPP HIGH COURT OF KARNATAKA, BENGALURU-560 001

2. PRASHANTHA KUMAR K.

S/O UNKNOWN AGED ABOUT 50 YEARS RESIDING AT FST T NARASIPURA KABA HOBLI VARUNA VIDHANA SABHA KSHETRA MYSURU - 570 010.

… RESPONDENTS (BY SRI. B.N. JAGADISH, ADDL. SPP)

THIS CRL.P IS FILED U/S 528 OF BHARATIYA NAGARIK SURAKSHA SANHITHA, 2023, PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.31264/2024 PENDING BEFORE THE LEARNED 42^ND ACJM, BANGALORE, AT ANNEXURE A AND B AT PAGE NO.17 TO 58 AND ETC.

THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

ORAL ORDER

The present petition is filed by accused Nos.2 and 3 calling in question the validity of the proceedings in C.C.No.31264/2024 pending before the 42^nd Additional Chief Judicial Magistrate, Bangalore.

2. It is noticed that the complaint came to be filed on 23.04.2023 alleging that on such date the complainant, Officer in the Flying Squad Team, found that at about 4.30 p.m., certain functionaries of Bharatiya Janatha Party (BJP) were holding a bike rally and the petitioner No.1 (accused No.3) herein who is a Party Worker of Bharatiya Janatha Party (BJP) and petitioner No.2 (accused No.2), President of Mysore Urban Development Authority (MUDA) were accompanying the accused during the bike rally and took part in the election campaign without obtaining permission.

3. It is submitted that when the complainant confronted the accused and asked for letter indicating permission and as there was no response, he had inferred that there was no such permission and FIR was registered in Crime No.0158/2023.

4. The investigation is completed and Charge Sheet has been filed. It is noticed that the offence in the Charge Sheet at Column No.12(xiii) is shown as offence under Section 171H of IPC. A perusal of Column No.17 of the Charge Sheet would indicate the same averments as found in the complaint.

5. Section 171H of IPC reads as follows:-

"171H. Illegal payments in connection with an election.—Whoever without the general or special authority in writing of a candidate incurs or authorises expenses on account of the holding of any public meeting, or upon any advertisement, circular or publication, or in any other way whatsoever for the purpose of promoting or procuring the election of such candidate, shall be punished with fine which may extend to five hundred rupees:

Provided that if any person having incurred any such expenses not exceeding the amount of ten rupees without authority obtains within ten days from the date on which such expenses were incurred the approval in writing of the candidate, he shall be deemed to have incurred such expenses with the authority of the candidate.

6. It is noticed that under Chapter-IXA, 'Of Offences Relating to Elections', Section 171H deals with illegal payment in connection with election. The facts as made out in the Charge Sheet and the complaint do not make out the ingredients of Section 171H and on the other hand, appears to make out the ingredients of Section 188 of IPC, however, noticing that the Charge Sheet is filed under Section 171H, there is no warrant to continue the present proceedings.

7. However, it must be noticed that the seriousness with which the election offences are dealt with requires to be commented upon. There is a separate Chapter in IPC, i.e.