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NC: 2026:KHC:13051

CRL.P No. 12360 of 2023

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3^RD DAY OF MARCH, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

CRIMINAL PETITION NO. 12360 OF 2023

BETWEEN:

SHRI YOGA SAI PRAKASH

AGED ABOUT 43 YEARS

S/O VIJAYA KUMAR

R/AT NO.12/2, 5^TH CROSS

M.KRISHNAPPA LAYOUT

MANGAMMANA PALYA

GANESH TEMPLE ROAD

BENGALURU SOUTH

BOMMANAHALLI

BENGALURU – 560 068.

…PETITIONER

(BY SRI ANIRUDH A.KULKARNI, ADVOCATE)

AND:

Digitally signed

by SANJEEVINI

J KARISHETTY

Location: Hi gh 1. STATE OF KARNATAKA

Court of

Karnataka BY BOMMANAHALLI POLICE STATION

REPRESENTED BY THE S.P.P OFFICE

HIGH COURT OF KARNATAKA

BENGALURU – 560 001.

2. PRAKASHA N.,

AGED ABOUT 47 YEARS

FLYING SQUAD OFFICER

WARD NO.175, BOMMANAHALLI

BENGALURU CITY

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NC: 2026:KHC:13051

CRL.P No. 12360 of 2023

HC-KAR

KARNATAKA – 560 068.

…RESPONDENTS

(BY SMT. SOWMYA R., HCGP FOR R1;

SRI S.R.DODAWAD, ADVOCATE FOR R2)

THIS CRL.P IS FILED U/S 482 CR.P.C PRAYING TO

QUASH THE CHARGE SHEET DATED 27.07.2023 FILED BY THE

BOMMANAHALLI POLICE STATION, FOR OFFENCE P/U/S 171F

OF IPC, PENDING ON THE FILE OF COURT OF THE HONBLE

CHIEF METROPOLITAN MAGISTRATE, BENGALURU CITY IN

C.C.NO.18932/2023, ANNEXED AS ANNEXURE-C AT PAGE NOS

AND ETC.,

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioner – accused is before this Court calling in

question the proceedings in C.C.No.18932/2023, pending

before the Chief Metropolitan Magistrate, Bengaluru, registered

for offences punishable under Sections 171F of the IPC.

2. Heard Sri Anirudh A. Kulkarni, learned counsel for

petitioner, Smt. Sowmya R., learned High Court Government

Pleader for respondent No.1 and Sri S..Dodawad, learned

counsel for respondent No.2.

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NC: 2026:KHC:13051

CRL.P No. 12360 of 2023

HC-KAR

3. The issue in the lis revolves around the elections for

the State Assembly which held in the month of April - May

2023. The issue is that, the petitioner has instigated the voters

to vote to a particular party, which would become an offence

under Section 171F of the IPC. A complaint comes to be

registered on 23.04.2023, not on the date of the incident, but

on the date on which the conversation is circulated / noticed on

the Facebook. The complaint becomes a crime in Crime

No.129/2023 for the offence under Section 171F of the IPC.

The police conduct investigation and file a charge sheet. Filing

of the charge sheet is what has driven the petitioner to this

Court in the subject petition.

4. Sri Anirudh A. Kulkarni, learned counsel appearing for

the petitioner submits that even the complaint did not contain a

date on which the alleged incident has happened. The

summary of the charge sheet as obtaining at column No.17,

narrates that the incident as happened on 18.03.2023 and in

which point in time, the Election Authorities had no jurisdiction

even to look into anything that surfaced either on the social

media or otherwise, as the calendar of events were notified

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NC: 2026:KHC:13051

CRL.P No. 12360 of 2023

HC-KAR

only on 29.03.2023. Learned counsel would seek quashment of

the proceedings.

5. Sri S.R.Dodawad, learned counsel for respondent No.2

would however, refute the submissions of the learned counsel

for the petitioner to contend that it is not the date on which the

incident has happened, but the date on which the conversation

has surfaced on the social media and came to the knowledge of

the flying squad and then the crime is registered. Therefore,

the police after investigation, have filed their charge sheet in

the matter. Learned counsel submits that the petitioner should

face the proceedings and come out clean in a full blown trial.

6. I have given my anxious considerations to the

submissions made by the learned counsel for the respective

parties and have perused the material on record.

7. The issue revolves around the offence under Section

171F of the IPC. Section 171F of the IPC reads as follows:

“171-F. Punishment for undue influence or

personat