- 1 - NC: 2025:KHC:12716 CRL.P No. 4819 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 4819 OF 2024 BETWEEN: 1. MR. SYED MOHID ALTAF S/O. M. ALTAF HUSSAIN AGED ABOUT 46 YEARS, R/AT NO. NA-5, DIAMONDS VILLA NO 139/4/2 UTC HUSKUR GOOLIMANGALA HUSKUR HUSKUR P.O., DISTRICT, BANGALORE – 560 099. …PETITIONER (BY SRI. NISHAD S A, ADVOCATE) AND: 1. STATE OF KARNATAKA R T NAGAR P S REPRESENTED BY HCGP HIGH COURT OF KARNATAKA BUILDING BANGALORE – 560 001. 2. IMAM F MAAGI S/O. FAKRUDDIN MAAGI AGED ABOUT 56 YEARS, NO 29, NAGAMMA LAYOUT, KAVAL BAIRASANDRA, RT NAGAR POST, BANGALORE CITY, KARNATAKA – 560 032. …RESPONDENTS (BY SRI. M R PATIL, HCGP FOR R1; R2 IS SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS AGAINST THE PETITIONER IN C.C.NO.28094/2023 FOR THE OFFENCE P/U/S 171E, 171F OF IPC AND SEC. 133 OF REPRESENTATION OF PEOPLES ACT, WHICH IS PENDING ON THE FILE OF 8TH ADDL. CMM COURT AT BANGALORE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:12716 CRL.P No. 4819 of 2024 CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner/accused who has been charge sheeted for the offences punishable under Sections 171E and 171F of IPC and Section 133 of Representation of Peoples Act is before this Court seeking the following relief: “ to quash the entire Criminal Proceedings against the petitioner in C.C.No.28094/2023 for the offences punishable under section 171E, 171F of IPC and under section 133 of Representation of Peoples Act, which is pending on the file of 8th ADDITIONAL CHIEF METROPOLITAN MAGISTRATE COURT, AT BANGALORE.” 2. The prosecution alleges that during the subsistence of the Model Code of Conduct for the State Assembly Election scheduled for May 2023, the petitioner, a candidate from the Hebbal Assembly constituency, uploaded a picture on Twitter stating that a cheque for a sum of Rs. 25,000/- was handed over to a student to meet educational expenses. The petitioner had promised to cover the student’s total educational expenses of Rs. 1,20,000/-, out of which Rs. 25,000/- was paid through a cheque issued in the name of the college. 3. The Court has heard the arguments presented by the learned counsel for the petitioner and the learned High Court Government Pleader representing the respondent-State. 4. During the investigation, the police seized a cheque issued by the petitioner in favor of the college to cover the - 3 - NC: 2025:KHC:12716 CRL.P No. 4819 of 2024 student’s expenses. The cheque is dated 04.01.2023 and was encashed by the college on 07.01.2023. The Model Code of Conduct came into effect on 29.03.2023. Therefore, the amount given toward the student’s expenses was provided before the Model Code of Conduct came into force. 5. Even if the allegations made against the petitioner are accepted at face value, they do not satisfy the essential elements required to constitute an offence punishable under Section 171-E of the IPC. Moreover, the act does not fall under the definition of bribery as defined under Sections 171-B and 171-F of the IPC. As the amount was given prior to the enforcement of the Model Code of Conduct, the continuation of criminal proceedings against the petitioner would constitute an abuse of the legal process. ORDER i. The petition is allowed. ii. The impugned proceedings in C.C.No.28094/2023 on the file of VIII Addl. Chief Metropolitan Magistrate, Bengaluru against the petitioner/accused is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JS/List No.: 1 Sl No.: 12