- 1 - NC: 2025:KHC-D:2810 CRL.P No. 100096 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. 100096 OF 2025 (482(Cr.PC)/528(BNSS)-) BETWEEN: BHARAT S/O BASAVARAJ BOMMAI, AGE: 34 YEARS, R/A: NO. 4883-1, SAVANUR ROAD, SHIGGAON, HAVERI-581 205. … 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. (U/S. 528 OF BNSS, 2023) PRAYING TO QUASH THE COMPLAINT DATED 11.11.2024 AND FIR BEARING CRIME NO.0218/2024 DATED 12.11.2024 FOR THE OFFENE P/U/SEC. 126 OF THE REPRESENTATION OF THE PEOPLE ACT 1951 AND 1988 VIDE ANNEXURE-A AND B, AND CONSEQUENTLY QUASH ALL FURTHER PROCEEDINGS IN CRIME NO.0218/2024 OF SAVANUR POLICE STATION AS AGAINST THE PETITIONER. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.19 13:15:17 +0530 - 2 - NC: 2025:KHC-D:2810 CRL.P No. 100096 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 registration of the First Information Report (FIR) for the offence punishable under Section 126 of the Representation of the People Act, 1951 is challenged in this petition. 2. The second respondent lodged an FIR on 12.11.2024, stating that while working as Assistant Engineer, P.W.D., Savanur, he was appointed as the Head of the Flying Squad for conducting the Shigaon-Savanur Constituency Assembly by-election. The second respondent alleged that on 11.11.2024, at around 7:00 p.m., he received credible information that the petitioner/accused, along with party workers, was canvassing for votes in favor of their party, despite the Model Code of Conduct (MCC) being in force, which prohibits any canvassing activity within 48 hours prior to the date of the election. However, when the complainant and his team arrived at Chilurbadni village, they did not find anyone engaged in canvassing. Upon inquiry, he was informed by an unidentified person that BJP workers had been canvassing. 3. Learned counsel for the petitioner submits that, in the absence of any credible evidence showing that the petitioner, along with other party workers, was canvassing in violation of the Model Code of Conduct, the registration of the FIR is without substance. - 3 - NC: 2025:KHC-D:2810 CRL.P No. 100096 of 2025 4. In response, learned Additional Government Advocate appearing for the respondents contends that the allegations in the complaint prima facie disclose the commission of an offence under Section 126 of the Representation of the People Act, 1951. Therefore, he submits that the veracity of the allegations requires investigation, which cannot be examined at this stage, and accordingly, seeks dismissal of the petition. 5. The arguments advanced by the learned counsel for the parties have been duly considered. 6. A perusal of the FIR indicates that the complainant, upon receiving information that the petitioner and party workers were canvassing in a public place within 48 hours prior to the election, proceeded to the spot. However, upon arrival, neither the petitioner nor the party workers were found canvassing. Instead, the complainant was merely informed by an unidentified person that the petitioner, along with party workers, had canvassed. Except for the self-serving statement of the complainant, there is no substantial evidence to establish that the petitioner and party workers engaged in canvassing within the prohibited period, in contravention of Section 126(1)(c) of the Representation of the People Act, 1951. 7. Therefore, in the absence of any substantive evidence, the continuation of the investigation solely on the basis of the self- serving statement of the complainant would amount to an abuse of the process of law. Hence, I pass the following: - 4 - NC: 2025:KHC-D:2810 CRL.P No. 100096 of 2025 ORDER i) Accordingly, the criminal petition is allowed. ii) The impugned FIR in Crime No.218/2024 registered by the Savanur Police Station, Shiggaon Sub- Division, Haveri, insofar as it relates to petitioner/accused No.1, 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.: 148