IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 1^ST DAY OF OCTOBER 2018

BEFORE

THE HON’BLE MRS.JUSTICE K.S.MUDAGAL

CRIMINAL PETITION No.101799 OF 2018

BETWEEN:

SHRI.SHRIMANT S/O BALASAHEB PATIL

AGE: 63 YEARS,

OCC: MLA OF KAGWAD ASSEMBLY CONSTITUENCY

AND CHAIRMAN AND MANAGING

DIRECTOR OF M/S. ATHANI SUGARS LTD.,

R/O: VISHNU ANNA NAGAR,

NAVALIHAL VILLAGE,

TQ: ATHANI, (NOW KAGWAD),

DIST: BELAGAVI,

PIN CODE: 591304.

... PETITIONER

(BY SRI.JAYAKUMAR S.PATIL, SENIOR ADV. FOR

SRI.SANJAY S KATAGERI, ADV.)

AND

1.

THE STATE OF KARNATAKA

THROUGH ATHANI POLICE STATION

(ATHANI CIRCLE)

REPRESENTED BY

ADDL. S.P.P.

HIGH COURT OF KARNATAKA,

DHARWAD BENCH,

DHARWAD-580011.

Crl. P.No.101799/2018

: 2 :

2.

SHRI.DEVANAND S/O GURAPPA MANE

AGED ABOUT: 52 YEARS,

OCC: ASSISTANT DIRECTOR OF AGRICULTURE,

CHIKKODI,

THEN AS FLYING SQUAD OFFICER FOR KAGWAD

ASSEMBLY CONSTITUENCY,

KAGWAD,

NOW TALUKA KAGWAD,

DIST: BELAGAVI.

NOW R/O: NO.38,

OFFICE OF ASSISTANT DIRECTOR OF

AGRICULTURE, APMC, CHIKKODI,

AT: CHIKKODI,

DIST: BELAGAVI,

PIN CODE: 591201,

MOB.NO.8277930172,

NO.9449734347.

... RESPONDENTS

(BY SRI. PRAVEEN K.UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION

482 OF CR.P.C., SEEKING TO QUASH THE CRIMINAL

PROCEEDINGS IN CRIMINAL CASE NO.1796/2018 PENDING

ON THE FILE OF LEARNED PRL. CIVIL JUDGE AND JMFC,

ATHANI,

ARISING

OUT

OF

ATHANI

P.S.

CRIME

NO.264/2018, FOR THE OFFENCE PUNISHABLE U/S 171-H

OF IPC AS AGAINST THE PETITIONER HEREIN, WHO IS

ARRAYED AS ACCUSED NO.1 FOR THE ABOVE SAID

OFFENCE BY ALLOWING THIS CRIMINAL PETITION.

This Petition coming on for Admission, this day the

Court made the following:

Crl. P.No.101799/2018

: 3 :

O R D E R

The

petitioner

is

accused

No.1

in

CC

No.1796/2018 pending on the file of the Principal

Civil Judge and JMFC, Athani. The petitioner and

the second accused Dondiram Pandurang Avalekar

are charge sheeted in the said case for the offence

punishable under Section 171H of IPC on the basis

of the complaint filed by CW.1-Devandand Gurappa

Mane in Crime No.264/2018 of their police station.

2.

CW-1 was the member of election plying

squad for Kagwad-04 assembly constituency for the

election that was scheduled to be held in May 2018.

The petitioner contested the said election as the

candidate from Indian National Congress Party.

3.

On 1/5/2018,

CW.1-Devanand

Gurappa

Mane filed complaint before the S.H.O. of Athani

police station alleging that on 1/5/2018 at 11.30

a.m., though the code of conduct was in force,

petitioner

No.1

with

accused

No.2

without

Crl. P.No.101799/2018

: 4 :

permission

of

the

concerned

Election

Officer

conducted meeting of the congress party volunteers

near Laxmi Temple of Arlihatti village for the

purpose of canvassing and thereby violated the code

of conduct.

4.

On

the

basis

of

such

complaint,

on

1/5/2018

the

S.H.O.

of

Athani

police

station

submitted a requisition to the Principal Civil Judge

and JMFC, Athani stating that the offence under

Section 171H of IPC is non cognizable offence and

thus sought permission to conduct investigation into

that.

5.

The

learned

Magistrate

on

the

said

requisition granted permission endorsing on the

same requisition as follows:-

“Perused the requisition. Sufficient

materials are found and prima facie to

register the complaint.

Permitted.

Sd/-

1/5/2018”

Crl. P.No.101799/2018

: 5 :

6.

On the basis of such order, Athani police

registered FIR in Crime No.264/2018 against the

petitioner and the second accused for the offence

punishable under Section 171H of IPC. They

conducted the investigation and laid the charge

sheet against the petitioner and the second accused

on 26/5/2018 for the offence punishable under

Section 171H of IPC.

7.

On

receipt

of

the

charge

sheet,

the

Magistrate on 3/8/2018 passed the fol