- 1 - NC: 2025:KHC:1954 CRL.P No. 14378 of 2024 C/W CRL.P No. 14194 of 2024 CRL.P No. 14338 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 14378 OF 2024 (482(Cr.PC) / 528(BNSS) C/W CRIMINAL PETITION NO. 14194 OF 2024 (482(Cr.PC) / 528(BNSS) C/W CRIMINAL PETITION NO. 14338 OF 2024 (482(Cr.PC) / 528(BNSS) IN CRL.P No. 14378/2024 BETWEEN: MADHUSUDHAN SEETHAPPA S/OLT V SEETHAPPA AGED ABOUT 58 YEARS R/AT NO 145, GOLLAVAPALLI VILLAGE NAREMADEPALLI POST BAGEPALLI TALUK CHIKKABALLAPURA DSITRICT – 561 212. …PETITIONER (BY SRI. MANJUNATH M R.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BAGEPALLI POLICE STATION CHIKKABALLAPURA REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU 560 001. 2. MAHDUKAR K S/O KRISHNAMURTHY N AGED ABOUT 29 YEARS GOVT OFFICIAL GAZATTED CHIEF OFFICER, BAGEPALLI TOWN MCC FTC TEAM LEADER - 05 BAGEPALLI TALUK CHIKKABALLAPUR DISTRICT 561 207. …RESPONDENTS (BY SMT. WAHEEDA, HCGP) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - NC: 2025:KHC:1954 CRL.P No. 14378 of 2024 C/W CRL.P No. 14194 of 2024 CRL.P No. 14338 of 2024 THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.440/2023 FOR AN OFFENCE P/US/ 171-E OF INDIAN PENAL CODE REGISTERED BY BAGEPALLI POLICE STATION CHIKKABALLAPURA DISTRICT IN CRIME NO.82/2023 PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC BAGEPALLI CHIKKABALLAPURA DISTRICT SO FAR AS PETITIONER IS CONCERNED. IN CRL.P NO. 14194/2024 BETWEEN: DR MADHUSEETHAPPA S/O LT LAWYER SEETHAPAP AGED ABOUT 58 YEARS RF/AT 145, GOLLAVARIPALLI VILLAGE NAREMADDEPALLI POST BAGEPALLI TALUK CHIKKABALLAPURA DISTRICT 561212 ...PETITIONER (BY SRI. MANJUNATH M R.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY PATAPALYA POLICE STATION CHIKKABALLAPURA REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILIDNG BENGALURU – 560 001. 2. VENKATESH N AGED ABOUT 38 YEARS REVENUE OFFICER / INSPECTOR PATHAPALYA HOBLI BAGEPALLI TALUK CHIKKABALLAPUR DISTRICT 561 212. ...RESPONDENTS (BY SMT. WAHEEDA, HCGP) THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.371/2023 FOR AN OFFENCE P/US/ 171-E OF IPC REGISTERED BY PATHAPALYA POLICE STATION, CHIKKABALLAPURA DISTRICT, IN CR.NO.26/2023 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC, BAGEPALLI CHIKKABALLAPURA DISTRICT. - 3 - NC: 2025:KHC:1954 CRL.P No. 14378 of 2024 C/W CRL.P No. 14194 of 2024 CRL.P No. 14338 of 2024 IN CRL.P NO. 14338/2024 BETWEEN: MADHUSUDHAN SEETHAPPA S/O LATE V. SEETHAPPA AGED ABOUT 58 YEARS, R/AT GOLLAVARIPALLI VILLAGE, FETURA AGRI BUSINESS, BAGEPALLI TALUK, CHIKKABALLAPURA DISTRICT-561212. ...PETITIONER (BY SRI. MANJUNATH M R.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY PERESANDRA P.S CHIKKABALLAPURA, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU-560 001. 2. MM.GURU PRAKASH REVENUE INSPECTOR AGED ABOUT 59 YEARS, R/AT SOMENAHALLI HOBLI, GUDIBANDE TALUK, CHIKKABALLAPURA DISTRICT 560 001. ...RESPONDENTS (BY SMT. WAHEEDA, HCGP) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.185/2023 FOR THE OFFENCE P/U/S 171-E OF IPC REGISTERED BY PERESANDRA P.S. CHIKKABALLAPURA IN CR.NO.41/2023 PENDING ON THE FILE OF CIVIL JUDGE AND J.M.F.C, GUDIANDE, CHIKKAALLAUPRA DISTRICT. THESE PETITIONS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR - 4 - NC: 2025:KHC:1954 CRL.P No. 14378 of 2024 C/W CRL.P No. 14194 of 2024 CRL.P No. 14338 of 2024 ORAL ORDER In *Crl.P.No.14378/2024, petitioner has sought for the following reliefs:- “Wherefore, the petitioner humbly pray that this Hon'ble Court be pleased to quash the entire proceedings in C.C.No.440/2023 for an offence punishable under Section 171-E of IPC registered by Bagepalli Police Station, Chikkaballapura District, in Crime No.82/2023 pending on the file of Civil Judge and JMFC, Bagepalli, Chikkaballapura District insofar as the petitioner is concerned in the interest of justice.” In *Crl.P.No.14194/2024, petitioner has sought for the following reliefs:- “Wherefore, the petitioner humbly pray that this Hon'ble Court be pleased to quash the entire proceedings in C.C.No.371/2023 for an offence punishable under Section 171-E of IPC registered by Pathapalya Police Station, Chikkaballapura District, in Crime No.26/2023 pending on the file of Civil Judge and JMFC, Bagepalli, Chikkaballapura District in the interest of justice.” In *Crl.P.No.14338/2024, petitioner has sought for the following reliefs:- *Corrected vide chamber order dated 21.04.2025 - 5 - NC: 2025:KHC:1954 CRL.P No. 14378 of 2024 C/W CRL.P No. 14194 of 2024 CRL.P No. 14338 of 2024 “Wherefore, the petitioner humbly pray that this Hon'ble Court be pleased to quash the entire proceedings in C.C.No.185/2023 for the offence punishable under Section 171-E of IPC registered by Peresandra Police Station, Chikkaballapura District, in Crime No.41/2023 pending on the file of Civil Judge and JMFC, Gudibande, Chikkaballapura District in the interest of justice.” 2. Heard learned counsel for the petitioner and learned HCGP for the respondent – State and perused the material on record. 3. Since common questions of law and fact arise for consideration in all these petitions, they are taken up together and disposed of by this common order. 4. A perusal of the material on record will indicate that 2nd respondent filed the instant complaints against the petitioners in all the petitions for alleged offences under Section 171-E of IPC interalia alleging that the petitioner was guilty of the offence of bribery as contemplated under Section 171-B of IPC, which was punishable under Section 171-E of IPC, which is a non-cognizable offence. In pursuance of the same, the 1st respondent – Police - 6 - NC: 2025:KHC:1954 CRL.P No. 14378 of 2024 C/W CRL.P No. 14194 of 2024 CRL.P No. 14338 of 2024 conducted investigation and filed charge sheets and as such, petitioner is before this Court by way of the present petitions. 5. It is contended that apart from the fact that necessary ingredients constituting offence punishable under Section 171-E had not been made out either in their impugned FIR or charge sheet and the material collected during investigation, the alleged brooms which were the subject matter of the proceedings had not been recovered from the petitioner and no action has been taken as against the alleged voters who had alleged received the subject brooms from the petitioner and as such, the impugned proceedings deserves to be quashed. It is also contended that the offence punishable under Section 171-E is a non cognizable offence and in the absence of valid and proper permission being obtained under Section 155(2) of Cr.P.C, the impugned proceedings deserve to be quashed on this ground also as held by this Court in the case Smt. Shashikala Krishnegowda Vs. State of Karnataka and Anr., Crl.P.No.6812/2023 dated 08.09.2023. It is therefore contended that the impugned proceedings initiated against the petitioner, deserve to be quashed. - 7 - NC: 2025:KHC:1954 CRL.P No. 14378 of 2024 C/W CRL.P No. 14194 of 2024 CRL.P No. 14338 of 2024 5. Per contra, learned HCGP for the respondents submits that there is no merit in the petitions and the same are liable to be dismissed. 6. As rightly contended by learned counsel for the petitioners, the material on record comprising of the complaint, FIR, Charge sheet, statement of witnesses and documents clearly establish that necessary ingredients constituting offence punishable under Section 171-E of IPC had not been made out by the respondents. Further, the subject brooms have not been recovered either from the petitioner or from the alleged voters to whom the petitioner is alleged to have given the subject brooms; in fact, the alleged voters have neither been identified by the respondents who have also not taken any action against them for the alleged offence. Under these circumstances, I am of the view that the impugned proceedings for offence punishable under Section 171-E of IPC deserve to be quashed. 7. It is also pertinent to note that in Shashikala Krishnegowda’s case supra, this Court has held as under: "Heard the learned counsel Shri Shanthi Bhushan H. appearing for the petitioner and - 8 - NC: 2025:KHC:1954 CRL.P No. 14378 of 2024 C/W CRL.P No. 14194 of 2024 CRL.P No. 14338 of 2024 learned HCGP Smt. Yashodha K.P. appearing for the respondent No.1 – State. 2. The petitioner is before this Court calling in question the proceedings in C.C. No.7453/2013 registered by Subramanyanagar Police Station, Bengaluru City in Crime No.100/2013, dated 22.04.2013 for the offences punishable under Sections 171B, 171E & 188 read with Section 34 of the IPC. 3. Learned counsel appearing for the petitioner would submit that qua the other accused, this Court has already quashed the proceedings arising out of the very same crime. This Court in the case of Dr. C.N. Ashwathnarayan S/o. T.K. Narayanappa Vs. the State of Karnataka and another in Crl.P.No.9407/2017, disposed off on 24th April 2018, wherein it is held as under: “Petitioner is seeking for quashing of the proceedings in C.C.No.7453/2013 pending on the file of VII Addl. Chief Metropolitan Magistrate, Bangalore, registered for the offence punishable under Sections 171(B), 171(E) and 188 r/w Section 34 of IPC on the basis of complaint lodged by second respondent herein. 2. The gist of prosecution case is; second respondent was on election duty in Malleshwaram Constituency No.157 as MCC Flying Squad– Executive Magistrate and while - 9 - NC: 2025:KHC:1954 CRL.P No. 14378 of 2024 C/W CRL.P No. 14194 of 2024 CRL.P No. 14338 of 2024 discharging his duties on 21.04.2014, he received information that accused No.1, who is a yoga guru, had arranged a meeting at Kranthiveera Sangollirayann Park falling within the jurisdiction of Subramanya Nagar Police Station and a meeting was being held under the leadership of said yoga guru and in that meeting, petitioner, who was a candidate at Malleshwaram Vidhana Sabha Constituency along with local Corporator- Smt.Shashikala Krishnegowda was participating in the said meeting held by yoga guru Sri.Subhash and after the meeting, breakfast had been arranged without obtaining permission from the Election Officer and on reaching the venue, he found such meeting being held. Hence, alleging that accused had violated election rules, a complaint came to be lodged, which was registered in Cr.No.100/2013 and after completion of investigation, charge sheet came to be filed against petitioner for the offences punishable under Sections 171(B), 171(E) and 188 r/w Section 34 of IPC. Hence, petitioner is before this Court calling in question the registration of same and praying for quashing of said proceedings. 3. Heard Sri.Shanthi Bhushan.H, learned counsel appearing for petitioner and Sri.Rachaiah, learned HCGP appearing for first respondent – State. Perused the records. 4. As could be seen from the case records, offences alleged against petitioner are punishable under Sections 171(B) and 171(E), which are - 10 - NC: 2025:KHC:1954 CRL.P No. 14378 of 2024 C/W CRL.P No. 14194 of 2024 CRL.P No. 14338 of 2024 cognizable offences and as such, prior to registration of FIR, jurisdictional police ought to have obtained permission from the jurisdictional magistrate, which is conspicuously absent in the instant case. Insofar as, offences punishable under Section 188 of IPC, the bar contained in Section 195 of Cr.P.C. would come into play namely, prosecution can be initiated for said offence only by a competent officer by filing a complaint before the Court as otherwise the Court before whom proceedings is continued on the basis of police report, would not be empowered to take cognizance of said offence. 5. In the instant case, prosecution has been initiated for the offence committed under Section 188 of IPC on the basis of a police report and not on the basis of complaint lodged in writing by the competent officer, who is empowered to do so. In that view of the matter, proceedings initiated against petitioner if allowed to be continued and is directed to undergo the ordeal of trial, it would be an abuse of process of law.” 4. Insofar as the other accused is concerned, the Co-ordinate Bench of this Court has quashed the proceedings in the case of Subhash Vs. the State of Karanataka and another in Crl.P. No.9234/2017, disposed off on 22nd June 2018, wherein it is held as under: “2. Petitioner is arrayed as accused no.2 in C.C.No.7453/2013 - 11 - NC: 2025:KHC:1954 CRL.P No. 14378 of 2024 C/W CRL.P No. 14194 of 2024 CRL.P No. 14338 of 2024 pending on the file of VII Addl. CMM Court, Bangalore registered for the offences punishable under Sections 171(B), 171(E), 188 read with Section 34 IPC on the basis of the final report submitted by the 2nd respondent under Section 173 Cr.P.C. 3. This Court had an occasion to deal with the same matter so far as accused no.1 is concerned. Ultimately, after a reasoned order, this Court has quashed the proceedings against accused no.1. The same has to be made applicable so far as this petitioner is concerned. 4. This Court has categorically observed that under Sections 171B and 171E they are non-cognizable offences and so far as offence under Section 188 IPC the Police have no jurisdiction to investigate in view of the bar contained in Section 195 Cr.P.C. Therefore, considering the said legal lacunae in the case, the Court has quashed the proceedings against accused no.1. Under the above said circumstances, the same order holds good so far as the petitioner is concerned.” 5. In the light of the aforesaid orders answering the issue that is called in question in the case at hand, the further consideration or deeper dwelling in the matter would become unnecessary. 6. For the aforesaid reasons, the - 12 - NC: 2025:KHC:1954 CRL.P No. 14378 of 2024 C/W CRL.P No. 14194 of 2024 CRL.P No. 14338 of 2024 following: ORDER i) The petition is allowed. ii) The proceedings in C.C. No.7453/2013 registered by Subramanyanagar Police Station, Bengaluru City in Crime No.100/2013, dated 22.04.2013 for the offences punishable under Sections 171B, 171E & 188 read with Section 34 of the IPC stand quashed." 8. In the instant case, in the absence of legal, proper and valid permission obtained by the respondents from the learned Magistrate as required under Section 155(2) of Cr.P.C as held by this Court supra, the impugned proceedings deserve to be quashed on this ground also. 9. In the result, I pass the following: ORDER i) The petitions are hereby allowed. ii) In *Crl.P.No.14378/2024, the entire proceedings in C.C.No.440/2023 for an offence punishable *Corrected vide chamber order dated 21.04.2025 - 13 - NC: 2025:KHC:1954 CRL.P No. 14378 of 2024 C/W CRL.P No. 14194 of 2024 CRL.P No. 14338 of 2024 under Section 171-E of IPC registered by Bagepalli Police Station, Chikkaballapura District, in Crime No.82/2023 pending on the file of Civil Judge and JMFC, Bagepalli, Chikkaballapura District insofar as the petitioner is concerned are hereby quashed. iii) In *Crl.P.No.14194/2024, the entire proceedings in C.C.No.371/2023 for an offence punishable under Section 171-E of IPC registered by Pathapalya Police Station, Chikkaballapura District, in Crime No.26/2023 pending on the file of Civil Judge and JMFC, Bagepalli, Chikkaballapura District insofar as the petitioner is concerned are hereby quashed. iv) In *Crl.P.No.14338/2024, the entire proceedings in C.C.No.185/2023 for the offence punishable under Section 171-E of IPC registered by Peresandra Police Station, Chikkaballapura District, in Crime No.41/2023 pending on the file of Civil Judge and JMFC, Gudibande, Chikkaballapura District insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 59 *Corrected vide chamber order dated 21.04.2025