- 1 - NC: 2025:KHC-D:2811 CRL.P No. 100115 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100115 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: MUDAKAPPA S/O SUBHAS GADEPPANAVAR, AGE: 41 YEARS, OCC: BUSINESS AND AGRICULTURE, R/A: NO.111, SHRI BASAVESHWAR TRADING CO. APMC YARD, SAVANUR, DIST: HAVERI-581 118. … PETITIONER (BY SRI. MAHESH WODEYAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY SAVANUR POLICE STATION, REPRESENTED BY ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. 2. SRI. AKASH AGARWAL S/O MADANLAL, AGE: 27 YEARS, OCC: ASST. ENGINEER, PWD (FLYING SQUAD), SAVANUR, DIST: HAVERI-581 118. … RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 & R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO QUASH THE COMPLAINT DATED 11.11.2024 (VIDE ANNEXURE-A) AND THE FIR BEARING CRIME NO.0217/2024 DATED 11.11.2024 (VIDE ANNEXURE-E) FILED BY THE SAVANUR POLICE STATION FOR THE OFFENCE PUNISHABLE U/S 173 OF THE BHARATIYA NYAYA SANHITA, 2023 AND CONSEQUENTLY QUASH ALL FURTHER PROCEEDINGS IN CRIME NO.0217/2024 OF SAVANUR POLICE STATION AS AGAINST THE PETITIONER. B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.15 12:54:53 +0530 - 2 - NC: 2025:KHC-D:2811 CRL.P No. 100115 of 2025 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 has filed this petition challenging the registration of the First Information Report (FIR) for the offence punishable under Section 173 of the Bharatiya Nyaya Sanhita, 2023 (BNS, 2023). 2. The second respondent, who was appointed as the Flying Squad Head for the Shiggaon Constituency during the Assembly By-election, lodged an FIR stating that on 10.11.2024, at about 9:00 p.m., while on patrol, he received credible information that the petitioner was in possession of money allegedly intended for illegal distribution to the public for election-related purposes. Acting upon this information, the second respondent, along with his staff, conducted a raid at the petitioner’s house, during which an amount of ₹2,68,270/- was found in the possession of the petitioner. 3. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent-State. 4. Section 170 of the BNS, 2023 defines the offence of bribery, stating that: Whoever gives gratification to any person with the object of inducing him or any other person to exercise any electoral right, or as a reward for having exercised such right, commits the offence of - 3 - NC: 2025:KHC-D:2811 CRL.P No. 100115 of 2025 bribery. Likewise, whoever accepts, either for himself or for any other person, any gratification as a reward for exercising any such right or for inducing or attempting to induce any other person to exercise any such right, shall also be guilty of the offence of bribery. 5. Section 173 of the BNS, 2023 provides for the punishment for bribery. For an offence under Section 173 to be made out, the prosecution must establish that the accused either: • Gave gratification to any person with the intent to induce that person or any other person to exercise an electoral right; or • Accepted gratification, either for himself or for another person, as a reward for exercising such an electoral right. 6. In the present case, the sole allegation against the petitioner is that he was found in possession of ₹2,68,270/- at his residence. However, the prosecution has failed to allege or establish that: • The petitioner distributed or attempted to distribute the said money to any individual or group in connection with the exercise of electoral rights; • The petitioner received any gratification either for himself or for any other person in exchange for exercising an electoral right; or - 4 - NC: 2025:KHC-D:2811 CRL.P No. 100115 of 2025 • There was any direct or circumstantial evidence indicating that the amount recovered was specifically intended for bribing voters or influencing the electoral process. 7. Mere possession of money, without any material to link it to an act of bribery or electoral malpractice, does not constitute an offence under Section 173 of BNS, 2023. In the absence of any prima facie material to satisfy the essential ingredients of the offence, the registration of the FIR and the continuation of criminal proceedings would be an abuse of the process of law. ORDER i) Accordingly, the criminal petition is allowed. ii) The impugned FIR in Crime No.217/2024 registered by the Savanoor Police Station, Shiggaon Sub- Division, Haveri, is hereby quashed. Pending I.As., if any, do not survive for consideration and are disposed off accordingly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS CT:BCK List No.: 1 Sl No.: 149