An offence of bribery under Section 171E of the IPC requires the presence of the essential ingredients of Section 171B, notably the exchange of gratification to induce or reward the exercise of electoral rights; mere possession of money without proof of such intent or transaction does not constitute an offence.

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO :

A) DIRECT BY QUASHING THE COMPLAINT FILED BY THE RESPONDENT NO.2 AND FIR REGISTERED BY THE H.D KOTE POLICE IN CRIME NO.0156/2023 DATED 10/05/2023 AGAINST THE PETITIONER FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 171E OF INDIAN PENAL CODE (IPC), 1860, BEFORE THE HON’BLE PRL. CIVIL JUDGE (JR.DN) AND JMFC, MYSORE DISTRICT, VIDE ANNEXURE-A AND B.

B) DIRECT QUASHING THE CHARGE SHEET NO. 224/2023 DATED 10/09/2023 FILED BY THE RESPONDENT POLICE BEFORE THE HON’BLE ADDL. CIVIL JUDGE (JR.DN) AND JMFC, H.D KOTE, MYSORE DISTRICT, FOR THE OFFENSES PUNISHABLE UNDER SECTION 171E OF INDIAN PENAL CODE (IPC), 1860 AGAINST THE PETITIONER VIDE ANNEXURE-C AND ETC;

C) TO DIRECT QUASHING THE ENTIRE PROCEEDINGS IN CC NO.623 OF 2023 PENDING BEFORE THE HON’BLE ADDL. CIVIL JUDGE (JR.DN) AND JMFC, H.D KOTE, MYSORE DISTRICT, VIDE ANNEXURE ‘D’ (ORDER SHEET IN CRIME NO.156 OF 2023 WAS CONTINUED WITH CC NO.623 OF 2023)

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

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

1. The petitioner is before this Court seeking the following prayer:

(a) “to direct by quashing the complaint filed by respondent No.2 and FIR registered by the H.D Kote police in Crime No.0156 of 2023 dated 10/05/2023 against the petitioner for the alleged offence punishable under Section 171E of the Indian Penal Code (IPC), 1860, before the Hon’ble Prl. Civil Judge (Jr.Dn) and JMFC, Mysore District, vide Annexure-A and B;

(b) to direct quashing the charge sheet No.224/2023 dated 10/09/2023 filed by the respondent police before the Hon’ble Addl. Civil Judge (Jr.Dn) and JMFC, H.D Kote, Mysore District, for the offenses punishable under Section 171E of the Indian Penal Code (IPC), 1860 against the petitioner vide Annexure-C and etc;

(c) to direct quashing the entire proceedings in CC No.623 of 2023 pending before the Hon’ble Addl. Civil Judge (Jr.Dn) and JMFC, H.D Kote, Mysore District, vide Annexure ‘D’ (order sheet in Crime No.156 of 2023 was continued with CC No.623 of 2023)”

2. Heard the learned counsel Sri. Akash B. Shetty, appearing for the petitioner and the learned High Court Government Pleader Smt. Soumya R. appearing for the respondents.

3. Facts, in brief, germane are as follows:

The 2nd respondent was a member of the Flying Squad Team for the Karnataka Assembly General Election 2023. On 09-05-2023, the 2nd respondent and his team conduct a search on the land belonging to the petitioner. During the search, a bag containing cash in multiple denominations of Rs.500, Rs.200 and Rs.100, amounting to a total of Rs.50,00,000/- is found. A complaint is thus registered against the petitioner for the offence punishable under Section 171E of the IPC. The 1st respondent/jurisdictional Police register a non-cognizable report in NCR No.288/2023 and present the same before the learned Magistrate. The learned Magistrate, on presentation of the non-cognizable report, permits registration of the crime in terms of Section 155(2) of the Cr.P.C. A crime is then registered in Crime No.156/2023 for the aforesaid offence. The police conduct investigation and file a chargesheet in C.C. No.623/2023. The filing of the chargesheet is what has driven the petitioner to this Court in the subject petition.

4. Learned counsel appearing for the petitioner would submit that the issue in the lis stands completely answered by the judgment rendered by this Court in the case of M. MALURU ES EN KRISHNAIAH SETTY v. STATE OF KARNATAKA¹2025