- 1 - NC: 2025:KHC-D:2880 CRL.P No. 100698 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.100698 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SHRI. CHANDRASHEKARAYYA, S/O. SHRI SIDDAYYA B., AGE. 57 YEARS, OCC. BUSINESS, RESIDING AT NAGARBHAVI, BENGALURU-560072. 2. SHRI. KARIBASAVARAJ, S/O. SHRI. REVANASIDDAYYA, AGE. 26 YEARS, OCC. DRIVER, RESIDING AT BANAKINAHALLI VIJAYANAGARA, TAL. KOTTUR, DIST. VIJAYANAGARA-583134. …PETITIONERS (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. ASHOK T.KATTIMANI, AGA) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, ALLOW THE PRESENT PETITION AND FURTHER BE TO QUASH THE ENTIRE CHARGE SHEET AND ENTIRE PROCEEDINGS IN CC NO.783/2023 (RAMDURG P.S. CRIME NO.75/2023) REGISTERED FOR ALLEGED OFFENCE PUNISHABLE U/S 171(E) OF THE IPC, PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC AT RAMDURG, THE TRUE COPIES OF THE SAME ARE PRODUCED AS ANNEXURES-C AND D, AS AGAINST ACCUSED NOS.2 AND 3/PETITIONER NOS.1 AND 2 HEREIN. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.25 18:00:17 +0530 - 2 - NC: 2025:KHC-D:2880 CRL.P No. 100698 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioners, accused Nos.2 and 3, who are being prosecuted for the offence punishable under Section 171E of the Indian Penal Code (IPC), have approached this Court seeking appropriate relief. 2. The prosecution alleges that, based on credible information received, accused Nos.2 and 3 were carrying money in a vehicle for the purpose of distributing it to voters on behalf of accused No.1, who was the BJP candidate for the 2023 Assembly Elections, the vehicle was intercepted, and the money was seized from accused Nos.2 and 3. 3. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent-State. 4. Section 171E of the IPC pertains to bribery in connection with elections and is a non-cognizable offence. As per Section 155(2) of the Code of Criminal Procedure (Cr.P.C.), in the case of a non-cognizable offence, the police cannot proceed with an investigation without obtaining prior approval from the jurisdictional magistrate. 5. In the present case, the information was received on 19.04.2023, and the investigation was initiated on the same day, with the FIR being registered on 20.04.2023. However, there is no - 3 - NC: 2025:KHC-D:2880 CRL.P No. 100698 of 2025 material on record to show that the police obtained the mandatory approval under Section 155(2) of Cr.P.C. before proceeding with the investigation. The failure to comply with this statutory requirement vitiates the entire investigation and any subsequent proceedings based on it. 6. In light of the non-compliance with the mandatory provisions of Section 155(2) of Cr.P.C., the continuation of criminal proceedings against the petitioner would amount to an abuse of the process of law. Accordingly, the proceedings against the petitioner are liable to be quashed. 7. Accordingly, I pass the following: ORDER i) The Criminal Petition is allowed. ii) The impugned proceedings in C.C.No.783/2023 (arising out of Crime No.75/2023 of Ramadurga Police Station), pending on the file of the learned Senior Civil Judge and JMFC, Ramdurga, Belagavi District, Ramdurga, Belagavi, insofar it relates to the petitioners-accused Nos.2 & 3 herein, stands quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh List No.: 1 Sl No.: 14