- 1 - NC: 2025:KHC-D:2738 CRL.P No. 100659 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. 100659 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: SHRI. CHIKKAREVANNA S/O. SHRI AJJAPPA, AGE. 52 YEARS, OCC. BUSINESS/SOCIAL SERVICE, RESIDING AT. ANJANEYANAGAR RAMDURG, TQ. RAMDURG, DIST. BELAGAVI-591123. …PETITIONER (BY SRI. SURAJ MUTNAL S., ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH THE RAMDURG POLICE, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO ALLOW THE PRESENT PETITION AND QUASH THE ENTIRE CHARGE SHEET AND ENTIRE PROCEEDINGS IN C.C.NO. 779/2023 (RAMDURG P.S. CRIME NO. 82/2023) REGISTERED FOR ALLEGED OFFENCE P/U/SEC. 171(H) OF THE IPC PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS AT RAMDURG, THE CERTIFIED COPIES OF THE SAME ARE PRODUCED AS ANNEXURE-C AND D, AS AGAINST THE ACCUSED NO.1/ PETITIONER HEREIN. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.19 13:15:27 +0530 - 2 - NC: 2025:KHC-D:2738 CRL.P No. 100659 of 2025 ORAL ORDER The learned Additional Government Advocate accepts notice on behalf of the respondent – State. 2. The petitioner/accused, who is facing trial for the offence punishable under Section 171(H) of the Indian Penal Code (IPC), has approached this Court seeking relief. 3. The prosecution alleges that the petitioner/accused No.1 was a candidate contesting in the Assembly Election, 2023. It is further alleged that, in violation of the Code of Conduct, accused No.2 canvassed on behalf of accused No.1 in a jeep, displaying photographs of accused No.1. 4. The applicability of Section 171(H) of the IPC to a candidate was examined by a Co-ordinate Bench of this Court in Crl.P. No.8898/2018, disposed of on 20.09.2021. The Court ruled that a person accused under Section 171(H) of the IPC must be someone other than the candidate. Since accused No.1 was himself a candidate in the Assembly Election, 2023, the essential ingredients required to constitute the offence under Section 171(H) of the IPC are not satisfied in relation to accused No.1. 5. In these circumstances, the continuation of criminal proceedings against accused No.1 would amount to an abuse of the process of law. Accordingly, I pass the following: ORDER a. The petition is allowed. - 3 - NC: 2025:KHC-D:2738 CRL.P No. 100659 of 2025 b. The impugned proceedings in C.C.No.779/2023 on the file of Senior Civil Judge and Judicial Magistrate First Class at Ramdurg, insofar as it relates to petitioner/accused No.1 is hereby quashed. c. Trial Court to proceed against accused No.2 in accordance with law without being influenced by any observation made in this order and observation made, if any, is only for the purpose only for the present petition. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 1 Sl No.: 44