- 1 - HC-KAR NC: 2025:KHC:36849 WP No. 18910 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 18910 OF 2025 (GM-RES) BETWEEN: 1. DR.K. SUDHAKAR S/O KESHAVA REDDY AGED ABOUT 50 YEARS (FORMER MLA, PRESENTLY MP-REPRESENTING CHIKKABALLAPUR LOK SABHA CONSTITUENCY) R/AT NO.19, 17TH CROSS SADASHIVANAGAR BANGALORE-560 080. …PETITIONER (BY SRI. PRABHULING K.NAVADGI, SENIOR ADVOCATE FOR MS.SANJEEVINI PRABHULING NAVADGI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE STATION HOUSE OFFICER MADANAYAKAHALLI POLICE STATION NELAMANGALA SUB DIVISION BENGALURU DISTRICT REPRESENTED BY SPP HIGH COURT OF KARNATAKA BUILDING, BENGALURU-560 001. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36849 WP No. 18910 of 2025 2. DASHARATHA V. KUMBAR OF THE FLYING SURVEILLANCE TEAM (FST) AGED ABOUT 52 YEARS FST TEAM 10 CHIKKABALLAPURA BENGALURU DISTRICT-5681012. …RESPONDENTS (BY SRI. THEJESH, HCGP) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO QUASH THE PROCEEDINGS IN CC NO.19099/2025 PENDING ON THE FILE OF THE HON'BLE XLII ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 171E, 171F, 511 OF THE INDIAN PENAL CODE IN SO FAR AS TO THE PETITIONER IS CONCERNED AND ETC. THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2025:KHC:36849 WP No. 18910 of 2025 ORAL ORDER The petitioner is a Member of Parliament representing Chikkaballapura Lok Sabha constituency. Elections to the Chikkaballapura Lok Sabha seat was scheduled on 26.04.2024. On 25.04.2024 an income tax raid was conducted on the residence of one Govindappa in Madavara Village, Dasanapura Hobli, Bengaluru North Taluk and an unaccounted cash of Rs.4.8.crores is said to have been recovered by the Income Tax Department. At that time, accused no.1, who was contesting for the election from Chikaballapura Lok Sabha constituency is said to have messaged to C.W.2 on WhatsApp, who is an IAS officer, as follows: 'Madhavara Govindappa IT Team' and 'Pls help I will be very grateful to you. Regards'. 2. A complaint to the jurisdictional police has been given by C.W.2 against the petitioner herein in this regard. After investigation, a chargesheet is filed in Crime No.355/2024 charging the petitioner who is arrayed as accused no.1 and Govindappa, who is arrayed as accused no.2 under Sections 171B, 171C, 171E, 171F, and 511 of IPC and also under - 4 - HC-KAR NC: 2025:KHC:36849 WP No. 18910 of 2025 Section 123 of the Representation of People Act, 1951. The charge alleged against accused no.1 (petitioner herein) and accused no.2 are as follows: "F ¥ÀæPÀgÀtzÀ ¸ÁQë 1 gÀªÀgÀÄ 2024 ¯ÉÆÃPÀ¸À¨sÉ ZÀÄ£ÁªÀuÉAiÀÄ aPÀ̧¼Áî¥ÀÄgÀ ¯ÉÆÃPÀ¸À¨sÉ PÉëÃvÀæzÀ AiÀÄ®ºÀAPÀ «zsÁ£À¸À¨sÉ PÉëÃvÀæ ªÁå¦ÛAiÀÄ J¥sï.J¸ï.n 10 £Éà vÀAqÀzÀ ªÀÄÄRå¸ÀÜgÁVzÀÄÝ, ¸ÁQë 2 gÀªÀgÀÄ 2024 ¯ÉÆÃPÀ¸À¨sÉ ZÀÄ£ÁªÀuÉAiÀÄ ¨ÉAUÀ¼ÀÆgÀÄ £ÀUÀgÀ f¯Áè JA¹¹ £ÉÆÃqɯï C¢üPÁjAiÀiÁVgÀÄvÁÛgÉ. ¸ÁQë 2 gÀªÀjUÉ WÀ£À £ÁåAiÀiÁ®AiÀÄzÀ ªÁå¦ÛUÉ ¸ÉÃjzÀ ªÀiÁzÀ£ÁAiÀÄPÀ£ÀºÀ½î ¥Éưøï oÁuÁ ¸ÀgÀºÀzÀÄÝ ªÀiÁzÀªÁgÀ UÁæªÀÄzÀ F zÉÆõÁgÉÆÃ¥Àt ¥ÀnÖAiÀÄ CAPÀt 12 gÀ°è PÁt¹gÀĪÀ 2£Éà DgÉÆæ gÀªÀgÀ ªÀÄ£ÉAiÀÄ°è ºÀt EgÀĪÀ §UÉÎ ¢£ÁAPÀ 25.04.2024 gÀAzÀÄ ¨É½UÉÎ 11.44 jAzÀ 11.48 UÀAmÉAiÀÄ ¸ÀªÀÄAiÀÄzÀ°è RavÀ ªÀiÁ»w §A¢zÀÝjAzÀ ¸ÁQë 2 gÀªÀgÀÄ ªÀiÁ»w §AzÀ ¸ÀܼÀPÉÌ Ln C¢üPÁjUÀ¼ÀÄ ªÀÄvÀÄÛ ¸ÁQë 1 gÀªÀgÀ£ÀÄß §gÀĪÀAvÉ w½¹zÀÝjAzÀ ¸ÁQë 1 ªÀÄvÀÄÛ Ln C¢üPÁjUÀ¼ÀÄ DgÉÆæ 2 gÀªÀgÀ ªÀÄ£ÉAiÀÄ°è ºÀt EgÀĪÀ §UÉÎ ±ÉÆÃzsÀ£É ªÀiÁqÀÄwÛzÁÝUÀ ¸ÁQë 2 gÀªÀgÀÄ ¸ÀºÀ ¸ÀܼÀPÉÌ §A¢zÀÄÝ, DgÉÆæ 2 gÀªÀgÀÄ ZÀÄ£ÁªÀuÁ ¸ÀªÀÄAiÀÄzÀ°è DzÁAiÀÄ vÉjUÉ E¯ÁSÉAiÀÄ C¢üPÁjUÀ¼À UÀªÀÄ£ÀPÉÌ vÀgÀzÉ ZÀÄ£ÁªÀuÉ ¤Ãw ¸ÀA»vÉ G®èAWÀ£É ªÀiÁr EnÖzÀÝ 4.8 PÉÆÃn ºÀt ªÀ±ÀPÉÌ ¥ÀqÉ¢zÀÄÝ, D ¸ÀªÀÄAiÀÄzÀ°è 1£Éà DgÉÆæ 2024 gÀ ¯ÉÆÃPÀ¸À¨sÉ ZÀÄ£ÁªÀuÉAiÀÄ aPÀ̧¼Áî¥ÀÄgÀ ¯ÉÆÃPÀ¸À¨sÉ PÉëÃvÀæzÀ ©eɦ C¨sÀåyð qÁ.¸ÀÄzsÁPÀgï gÀªÀgÀÄ vÀªÀÄä ªÉƨÉÊ¯ï £ÀA§gï 9845204040 jAzÀ ¢£ÁAPÀ 25.04.2024 gÀAzÀÄ ªÀÄzÁåºÀß 2.06 UÀAmÉUÉ ªÁålì¥ï ªÉĸÉÃeï ªÀiÁr Madhavara Govindappa IT Team JAvÀ®Æ, ªÀÄzÁåºÀß 2.07 PÉÌ Pls help I will be very grateful to you. Regards. Regards. JAvÀ ¸ÁQë 2 gÀªÀgÀ ªÉƨÉÊ¯ï £ÀA§gï 9448194915 UÉ PÀ¼ÀÄ»¹ ZÀÄ£ÁªÀuÁ ¸ÀªÀÄAiÀÄzÀ°è ZÀÄ£ÁªÀuÉAiÀÄ CPÀæªÀÄPÉÌ C£ÀÄPÀÆ®ªÁUÀĪÀAvÉ ªÀÄvÀÄÛ ZÀÄ£ÁªÀuÉ ¤Ãw ¸ÀA»vÉ G®èAWÀ£É ªÀiÁr ZÀÄ£ÁªÀuÁ¢üPÁjAiÀiÁzÀ ¸ÁQë 2 gÀªÀjUÉ MvÀÛqÀ ºÁPÀ®Ä ¥ÀæAiÀÄvÀß ªÀiÁrgÀĪÀÅzÀÄ EzÀĪÀgÉ«UÀÆ £ÀqɹzÀ vÀ¤SɬÄAzÀ zÀÈqsÀ¥ÀnÖgÀÄvÀÛzÉ. DzÀÝjAzÀ DgÉÆæ 1 ªÀÄvÀÄÛ 2 gÀªÀgÀÄ PÀ®A 171(B), 171(C), 171(E), 171(F), 511 ipc r/w 123 RP Act jÃvÀå C¥ÀgÁzsÀªÉ¸ÀVzÀÄÝ, ²PÁëºÀðgÁVgÀÄvÁÛgÉ." - 5 - HC-KAR NC: 2025:KHC:36849 WP No. 18910 of 2025 3. Based on the charges alleged, XLII Additional CJM (Spl. Court for trial of cases filed against sitting as well as former MPs/MLAs, triable by the Magistrate in the State of Karnataka) has passed the following order: "Cognizance is taken of the offences punishable under Section P/U/Sec. 171E, 171F & 511 of IPC against the Accused No.1 & 2. Office is directed to register this case as C.C. in Register No.III and issue summons to the Accused No.1 & 2 returnable by:30/06/2025." and CC No. 19099/2025 has been registered against both the accused including the petitioner herein. Aggrieved by the trial Court taking cognizance of the offences alleged, the present petition is filed. 4. The case of the petitioner is that even presuming the allegations made in the complaint, FIR and the charge sheet are true, the petitioner cannot be held guilty of the offences alleged against him. For that reason, it is submitted that continuing with the criminal proceedings is undue harassment to the petitioner and it requires that the - 6 - HC-KAR NC: 2025:KHC:36849 WP No. 18910 of 2025 proceedings against the petitioner in C.C.No.19099/2025 be quashed by setting aside the cognizance taken by the trial Court. 5. The question that arises for consideration is: 'whether even presuming the allegations made against the petitioner in the chargesheet are true, does it constitute any of the offence alleged against him?' 6. As already mentioned above, the only allegation made against the petitioner is that when an income tax raid was conducted at the residence of accused no.2 in Madavara Village Dasanpura Hobli, Bangalore North Taluk, the petitioner herein messaged C.W.2, who is an IAS officer as follows: 'Madhavara Govindappa IT Team' and 'Pls help I will be very grateful to you. Regards'. 7. There is no other allegation made against the petitioner to the effect that the money belonged to the petitioner herein and it was meant for distribution to voters at the time of elections to woo them. Statement of P.W.2 recorded by the police has not been produced either by the petitioner or the respondent and the learned High Court - 7 - HC-KAR NC: 2025:KHC:36849 WP No. 18910 of 2025 Government Pleader upon instructions submits that apart from the aforementioned WhatsApp message, no other allegation is made in the statement of C.W.2 against the petitioner herein. Thus, the question that arises for consideration is, can mere sending of the aforementioned messages on WhatsApp by the petitioner to C.W.2, can be held sufficient to hold the petitioner guilty of the offences alleged. 8. Section 171B IPC defines 'bribery' and it reads as follows: "171B. Bribery (1) Whoever— (i) gives a gratification to any person with the object of inducing him or any other person to exercise any electoral right or of rewarding any person for having exercised any such right; or (ii) accepts either for himself or for any other person any gratification as a reward for exercising any such right or for inducing or attempting to induce any other person to exercise any such right, commits the offence of bribery: Provided that a declaration of public policy or a promise of public action shall not be an offence under this section. - 8 - HC-KAR NC: 2025:KHC:36849 WP No. 18910 of 2025 (2) A person who offers, or agrees to give, or offers or attempts to procure, a gratification shall be deemed to give a gratification. (3) A person who obtains or agrees to accept or attempts to obtain a gratification shall be deemed to accept a gratification, and a person who accepts a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, shall be deemed to have accepted the gratification as a reward." 9. Section 171C IPC defines 'undue influence at elections' and it reads as follows: 171C. Undue influence at elections (1) Whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election. (2) Without prejudice to the generality of the provisions of sub-section (1), whoever— (a) threatens any candidate or voter, or any person in whom a candidate or voter is interested, with injury of any kind, or (b) induces or attempts to induce a candidate or voter to believe that he or any person in whom he is interested will become or will be rendered an object of Divine displeasure or of spiritual censure, shall be deemed to interfere with the free exercise - 9 - HC-KAR NC: 2025:KHC:36849 WP No. 18910 of 2025 of the electoral right of such candidate or voter, within the meaning of sub-section (1). (3) A declaration of public policy or a promise of public action, or the mere exercise or a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this section. 10. Section 171E IPC describes 'punishment for bribery' and Section 171F IPC describes 'punishment for undue influence or personation at an election'. 11. Section 511 IPC reads as under: "511.Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment Whoever attempts to commit an offence punishable by this Code with imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Code for the punishment of such attempt, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may be, one half of the longest term of - 10 - HC-KAR NC: 2025:KHC:36849 WP No. 18910 of 2025 imprisonment provided for that offence, or with such fine as is provided for the offence, or with both." 12. The averments made in the complaint, FIR and the chargesheet reveal that there was an income tax raid on the house of accused no.2 and the petitioner has requested an IAS officer (CW2) to help accused no.2. There is no other allegation made against the petitioner that the money of Rs.4.8 crores seized in the house of accused no.2 was meant to be used for the elections of the petitioner or to give the same as a bribe to somebody else on behalf of the petitioner. Thus, even if the allegations made against the petitioner are held to be true, they do not satisfy the ingredients of Sections 171B, 171C and 511 of IPC for the petitioner to be charged with the offences that he is presently charged. 13. Under the circumstances, it has to be held that the impugned order of the trial Court taking cognizance of the offences alleged is bad in law. Hence, the following: ORDER (i) The impugned order dated 12.06.2025 passed in C.C.No.19099/2025 by XLII Additional CJM (Spl. - 11 - HC-KAR NC: 2025:KHC:36849 WP No. 18910 of 2025 Court for trial of cases filed against sitting as well as former MPs/MLAs, triable by the Magistrate in the State of Karnataka) taking cognizance of the offences punishable under Sections 171E, 171F and 511 of IPC insofar as it relates to the petitioner herein (accused no.1 therein) is hereby set aside and the proceedings in C.C.No.19099/2025 against the petitioner herein is quashed; (ii) The writ petition stands allowed accordingly. Sd/- (M.I.ARUN) JUDGE PGG List No.: 2 Sl No.: 1