- 1 - NC: 2025:KHC-D:1379 CRL.P No. 100084 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.100084 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. MAHANTESH KALLAPPA KADADI AGE. 44 YEARS, OCC. DOCTOR, R/O. DHARAMATTI ROAD KALLOLI, NOW AT GOKAK, TQ. GOKAK, DIST. BELAGAVI-590001. 2. NINGAPPA BASAVANNEPPA PATTANASHETTI AGE. 62 YEARS, OCC. AGRICULTURE, R/O. ANKALAGI VILLAGE, TQ. GOKAK, DIST. BELAGAVI-590001. 3. MAHANTESH NINGAPPA PATTANASHETTI AGE. 37 YEARS, OCC. PRIVATE SERVICE AND AGRICULTURE, R/O. ANKALAGI VILLAGE, TQ. GOKAK, DIST. BELAGAVI. 590001. 4. RAJU @ RAJENDRA FAKKIRAPPA UPPAR AGE. 45 YEARS, OCC. PRIVATE SERVICE AND AGRICULTURE, R/O. KARIKATI VILLAGE, 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:1379 CRL.P No. 100084 of 2025 TQ. GOKAK, DIST. BELAGAVI-590001. …PETITIONERS (BY SRI. GANGADHAR S. HOSAKERI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA ANKALAGI POLICE STATION, R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580011. 2. SHRI. ASHOK GURANNA CHANNAKOTE AGE. 54 YEARS, OCC. CEO TMC KONNUR GOKAK DIVISION, GOKAK CONSTITUTENCY-09, FLYING SQUAD, PARLIAMENTARY ELECTION-2024, R/O. BELUR, TQ. HUNASUR, DIST. BIDAR, NOW AT KONNUR, TQ. GOKAK, DIST. BELAGAVI-590001, R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD. …RESPONDENTS (BY SRI. T.HANUMAREDDY, ADDL. GOVT. ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING 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, 1950, 1951, 1989 AS AGAINST THE PETITIONERS HEREIN WHO IS ARRAYED AS ACCUSED NO.2 TO 5. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:1379 CRL.P No. 100084 of 2025 CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners/accused Nos. 2 to 5 have 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, acting on credible information, a raid was conducted by the Flying Squad and its staff 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 ₹1,76,000, 500 pamphlets, and 2 Congress party flags, thereby violating the Election Code of Conduct. 2. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for the respondents. 3. The offences alleged against the petitioners are non- cognizable in nature. As per Section 155(2) of the Code of Criminal Procedure, prior permission from the jurisdictional Magistrate was mandatory before conducting an investigation. The failure to obtain such permission renders the registration of the FIR and the subsequent filing of the charge sheet vitiated due to non- compliance with the mandatory provisions of Section 155(2) Cr.P.C. 4. Chapter IXA of the IPC deals with offences relating to elections. Section 171B of the IPC defines ‘Bribery’ as giving - 4 - NC: 2025:KHC-D:1379 CRL.P No. 100084 of 2025 gratification to any person with the object of inducing them or another person to exercise any electoral right, or as a reward for having exercised such a right. It also includes accepting gratification as a reward for oneself or others for exercising an electoral right or inducing others to do so. Section 171E of the IPC provides punishment for bribery-related offences. 5. In the present case, there is no allegation that the petitioners/accused gave gratification to any person to induce them to exercise their electoral right, or that they accepted gratification for themselves or others as a reward for exercising such a right. Therefore, in the absence of the essential elements required to constitute the alleged offences, the continuation of criminal proceedings against the petitioners/accused would amount to an abuse of the process of law. Hence, I pass the following: 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 accused Nos.2 to 5, the petitioners herein, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh List No.: 1 Sl No.: 13