- 1 - HC-KAR NC: 2025:KHC-D:8932 CRL.P No. 103369 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.103369 OF 2023 (482 OF Cr.PC/528 OF BNSS) BETWEEN: VIRAPAKSHAPPA S/O. RUDRAPPA BALLARI, AGE: 55 YEARS, OCC: POLITICIAN, R/O. MOTEBENNUR, TQ. BYADGI, DIST. HAVERI-581106. …PETITIONER (BY SHRI VIDYASHANKAR G. DALWAI, ADVOCATE) AND: THE STATE OF KARNATAKA, BY POLICE SUB-INSPECTOR, BYADAGI POLICE STATION, REPRESENTED BY S.P.P., HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD-583011. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., SEEKING TO ALLOW THE CRIMINAL PETITION FILED UNDER SECTION 482 OF CR.P.C. AND QUASH THE ENTIRE CRIMINAL PROCEEDINGS REGISTERED IN C.C.NO.96/2023 (CRIME NO.65/2023 OF BYADAGI P.S) PENDING ON THE FILE OF THE COURT OF CIVIL JUDGE AND J.M.F.C, BYADAGI FOR AN OFFENCES PUNISHABLE UNDER SECTIONS 171(E), 171(H) OF IPC AND SECTION 123(1) OF REPRESENTATION OF PEOPLE ACT, 1950, 1951, 1989, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8932 CRL.P No. 103369 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri Vidyashankar G. Dalwai, learned counsel for the petitioner and Smt.Kirtilata Patil, learned High Court Government Pleader for respondent/State. 2. This petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (“Cr.P.C.” for short) / under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to quash the entire proceedings in C.C.No.96/2023 (arising out of Crime No.65/2023 of Byadagi Police Station) pending on the file of Civil Judge and JMFC Court, Byadagi for the offences punishable under Sections 171(E), 171(H) of the Indian Penal Code, 1860 (“IPC” for short”) and Section 123(1) of Representation of People Act, 1950, 1951. 3. Brief facts of the case of the prosecution case are as under: - 3 - HC-KAR NC: 2025:KHC-D:8932 CRL.P No. 103369 of 2023 The Flying Squad of Election Commission, one Somappa son of Ramappa Nagvandh lodged a complaint alleging that on 17.04.2023 at 12.24 noon he received credible information at the time of filing of nomination i.e., Virupakshappa Rudrappa Maninappa, Ballari at Tahasildar Office, Byadagi. Hence, a rally was organized from Shree Beereshwar Temple, Byadagi Old TMC, Suhas Circle, Byadagi to Tahsildar Office. At that time there was a Code of Conduct. However, the petitioner was distributing the T- Shirts in-front of KCC Bank, hence the complainant seized 52 T-Shirts and conducted videography. 4. Learned counsel for the petitioner would submit that, the issue in the case stand covered by the judgment rendered by the Co-Ordinate Bench of this Court in Crl.P.No.1560/2024 disposed of on 05.04.2024, wherein the Co-Ordinate Bench of this Court has held as follows: “4. Having heard the learned counsel for the parties and having perused the Petition papers, this Court is inclined to grant indulgence in the matter for the following reasons: - 4 - HC-KAR NC: 2025:KHC-D:8932 CRL.P No. 103369 of 2023 (a) Chapter IXA came to be added to the statute book namely IPC, 1860 by way of amendment, with intent to bring purity in election process. It seeks to make punishable under the ordinary penal law, bribery, undue influence & personation, and certain other malpractices at elections not only to the Legislative bodies, but also to membership of public authorities where the law prescribes a method of election. Further, it intends to debar persons guilty of malpractices from holding positions of public responsibility for a specific period. This chapter has to be read along with the relevant provisions of the Representation of People Act, 1951 as it contains additional penalties for certain offences, e.g., sections 171E to 171F of this Code. Thus a conviction under section 171E or section 171F of IPC amounts to a disqualification u/s.8 of RP Act, 1951. This chapter comprises of both a dictionary clause and penal provisions. (b) The offence of bribery is defined under Section 171B of IPC as under: “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 - 5 - HC-KAR NC: 2025:KHC-D:8932 CRL.P No. 103369 of 2023 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. (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”. This section defines bribery as an electoral offence, primarily as the giving or accepting of a gratification either as a motive or as a reward to any person, either to induce him to stand, or not to stand as, or to withdraw from being a candidate or to vote or refrain from voting at an election. In terms of sub-section (2) inter alia it includes offers or agreements to offer and attempt to procure a gratification. “Gratification” is explained in section 161 as not being restricted to only pecuniary things. Section 171- B(1)(i) provides that if gratification is given to any person inducing him or any other person to exercise any electoral right, it amounts to commission of the offence of bribery. - 6 - HC-KAR NC: 2025:KHC-D:8932 CRL.P No. 103369 of 2023 c) In the above backdrop, let me examine the penal provision namely Section 171(E) of IPC which reads as under: “Punishment for bribery.—Whoever commits the offence of bribery shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both: Provided that bribery by treating shall be punished with fine only.” In order to fit into the definition of ‘bribery’ the requirement is that there should be a person who gives or at least offers to give any gratification as a reward for exercising the electoral right or for having exercised such a right, by another person. Thus, there should be minimum two persons involved in the act, namely one who bribes or offers to bribe and the other who is bribed or offered bribe. (d) Added to the above, it is not the case of respondents that the alleged act has been done by the person concerned for and on behalf of the petitioner herein. To put it succinctly, what emerges from the complaint is that a particular person was carrying the money and that the same has been seized since it was suspected to be used for electoral offences. All that does not amount to the offence of bribery, even if the allegations are taken at their face value, and therefore there is no scope for invoking section 171(E) of IPC, as rightly submitted by learned counsel for the petitioner. e) The next allegation in the complaint relates to the offence punishable under section 133 of the - 7 - HC-KAR NC: 2025:KHC-D:8932 CRL.P No. 103369 of 2023 Representation of People Act, 1951. The same reads as under: “Penalty for illegal hiring or procuring of conveyance at elections.—If any person is guilty of any such corrupt practice as is specified in clause (5) of section 123 at or in connection with an election, he shall be punishable with imprisonment which may extend to three months and with fine.” The above penal provision in turn refers to a corrupt practice as is specified inter alia in clause 5 of section 123 at or in connection with an election. Section 123 deals with certain acts as corrupt practices. Sub-section(5) specifies one of them, with the following text: “(5) The hiring or procuring, whether on payment or otherwise, of any vehicle or vessel by a candidate or his agent or by any other person [with the consent of a candidate or his election agent] [or the use of such vehicle or vessel for the free conveyance] of any elector (other than the candidate himself the members of his family or his agent) to or from any polling station provided under section 25 or a place fixed under sub-section (1) of section 29 for the poll” Employing the vehicle or vessel as contemplated in the above provision, is a sine qua non for the invocation of section 133. It is nobody’s case that something of the kind exists in the allegations leveled against the person concerned and more particularly, the petitioner herein. In the absence of ingredients as specified in section 123(5), one would be miles away from the precincts of section 133 of 1951 Act. In the above circumstances, this petition succeeds. The proceedings in Crime No.52/2023 of Nipani Town Police - 8 - HC-KAR NC: 2025:KHC-D:8932 CRL.P No. 103369 of 2023 Station, now pending in CC No.2990/2023 on the file of learned JMFC, Nipani, for the offences punishable under sections 120(1) & 133 of Representation of People Act, 1951 and also for the offence punishable under Section 171(E) of IPC, 1860 are hereby quashed. Petitioner is set free of the subject case.” 5. In the light of the order passed by the Co- Ordinate Bench of this Court stated supra and for the reasons above stated, the proceedings initiated against the petitioner requires to be quashed. Accordingly, this Court proceed to pass the following: ORDER (i) The criminal petition is hereby allowed. (ii) The proceedings in C.C.No.96/2023 (arising out of Crime No.65/2023 of Byadagi Police Station) pending on the file of learned Civil Judge and JMFC, Byadagi, insofar as petitioner is concerned, are quashed. In view of disposal of the criminal petition, pending applications, if any, do not survive for consideration and accordingly the same are disposed off. Sd/- (VENKATESH NAIK T) JUDGE EM /CT-AN List No.: 1 Sl No.: 2