- 1 - NC: 2025:KHC-D:1381 CRL.P No. 100012 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.100012 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: MRUNAL RAVINDRA HEBBALKAR AGE. 32 YEARS, OCC. BUSINESSMAN AND SOCIAL SERVICE, R/O. PLOT NO. 27/B, BASAVAKUNJ NEAR K L E SCHOOL, KUVEMPU NAGAR, BELAGAVI, TQ. BELAGAVI, DIST. BELAGAVI-591108. …PETITIONER (BY SRI. GANGADHAR S. HOSAKERI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH ANKALAGI POLICE STATION, BELAGAVI, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580 011. 2. SHRI. ASHOK GURANNA CHANNAKOTE AGE. 54 YEARS, OCC. CEO TMC KONNUR, GOKAK DIVISION, GOKAK CONSTITUENCY-09 FLYING SQUAD, PARLIAMENTARY ELECTION-2024, R/O. BELUR, TQ. HUNASUR, DIST. BIDAR, NOW AT KONNUR, TQ. GOKAK, DIST. BELAGAVI. R/BY SPP HIGH COURT OF KARNATAKA, DHARWAD BENCH. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, ADDL. GOVT. ADVOCATE) Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.28 15:15:49 +0530 - 2 - NC: 2025:KHC-D:1381 CRL.P No. 100012 of 2025 THIS CRIMINAL PETITION IS FILED U/SE. 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO, QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN CC NO.6776/2024 PENDING ON THE FILE OF II ADDL. CJ AND JMFC GOKAK, IN CONNECTION WITH ANKALAGI POLICE STATION, BELAGAVI, IN CRIME NO. 0030/2024 FOR THE OFFENCE P/U/SEC. 171-E OF IPC AND SEC. 123(1) OF THE REPRESENTATION OF PEOPLE ACT 1951, AS AGAINST THE PETITIONER HEREIN WHO IS ARRAYED AS ACCUSED NO.1. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner/accused No.1 has been charge-sheeted for offences punishable under Section 171E of the Indian Penal Code, 1860, and Section 123(1) of the Representation of the People Act, 1951. 2. The prosecution’s case is that during the Lok Sabha Elections 2024, the Flying Squad, acting on credible information, conducted a raid on the house of Ningappa Basavaneppa Pattanshetti (petitioner No.2/accused No.3). Upon search, it was discovered that the accused were in possession of a sum of ₹1,76,000, 500 pamphlets, and 2 Congress party flags, thereby violating the Election Code of Conduct. 3. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for the respondents. - 3 - NC: 2025:KHC-D:1381 CRL.P No. 100012 of 2025 4. The offence alleged against the petitioner is a non- cognizable offence, and under Section 155(2) of the Code of Criminal Procedure (Cr.P.C.), the complainant was required to obtain prior permission from the jurisdictional Magistrate before conducting an investigation. The registration of the FIR and the subsequent filing of the charge sheet are vitiated due to non- compliance with the mandatory provisions of Section 155(2) of the Cr.P.C. 5. Chapter IXA of the IPC deals with offences relating to elections. Section 171B of the IPC defines ‘Bribery’ as giving gratification to any person with the intent of inducing them or others to exercise any electoral right or as a reward for exercising such a right. Similarly, it includes accepting gratification as a reward for exercising an electoral right or inducing others to exercise such a right. Section 171E of the IPC provides punishment for offences related to bribery. 6. In the present case, there is no allegation that the petitioner/accused gave gratification to any person to induce them to exercise their electoral right or that they accepted any gratification for themselves or others as a reward for exercising such a right. Therefore, in the absence of the essential ingredients required to constitute the alleged offences, the continuation of criminal proceedings against the petitioner/accused would amount to an abuse of the process of law. Hence, I pass the following: - 4 - NC: 2025:KHC-D:1381 CRL.P No. 100012 of 2025 ORDER i) Accordingly, the criminal petition is allowed. ii) The criminal proceedings in C.C. No.6776/2024 pending on the file of the II Additional Civil Judge & JMFC, Gokak, insofar as it relates to petitioner/accused No.1 is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS Ct:VH List No.: 1 Sl No.: 100