- 1 - HC-KAR NC: 2025:KHC:41238 CRL.P No. 12015 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV CRIMINAL PETITION NO. 12015 OF 2025 BETWEEN: 1. SHEKAR P S/O PUTTASWAMY R.G., AGED ABOUT 41 YEARS, RESIDING AT NO.39, KASABA HOBLI T NARSIPURA TALUK RANGASAMUDRA MYSURU-571 101 2. YASHASWI SOMASHEKAR S/O SHIVANNA S.B. AGED ABOUT 62 YEARS RESIDING AT 69/1 M.G. ROAD, FORT MOHALLA, MADHUVANA MYSURU-570 004 NAME AS SHOWN IN AADHAR CARD: SOMASHEKAR S … PETITIONERS (BY SRI. SUDHARSAN SURESH., ADVOCATE) Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41238 CRL.P No. 12015 of 2025 AND: 1. STATE OF KARNATAKA BY BANNUR POLICE TIRUMAKUDAL NARSIPURA MYSURU-571 101 REP BY SPP HIGH COURT OF KARNATAKA, BENGALURU-560 001 2. PRASHANTHA KUMAR K. S/O UNKNOWN AGED ABOUT 50 YEARS RESIDING AT FST T NARASIPURA KABA HOBLI VARUNA VIDHANA SABHA KSHETRA MYSURU - 570 010. … RESPONDENTS (BY SRI. B.N. JAGADISH, ADDL. SPP) THIS CRL.P IS FILED U/S 528 OF BHARATIYA NAGARIK SURAKSHA SANHITHA, 2023, PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.31264/2024 PENDING BEFORE THE LEARNED 42ND ACJM, BANGALORE, AT ANNEXURE A AND B AT PAGE NO.17 TO 58 AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV - 3 - HC-KAR NC: 2025:KHC:41238 CRL.P No. 12015 of 2025 ORAL ORDER The present petition is filed by accused Nos.2 and 3 calling in question the validity of the proceedings in C.C.No.31264/2024 pending before the 42nd Additional Chief Judicial Magistrate, Bangalore. 2. It is noticed that the complaint came to be filed on 23.04.2023 alleging that on such date the complainant, Officer in the Flying Squad Team, found that at about 4.30 p.m., certain functionaries of Bharatiya Janatha Party (BJP) were holding a bike rally and the petitioner No.1 (accused No.3) herein who is a Party Worker of Bharatiya Janatha Party (BJP) and petitioner No.2 (accused No.2), President of Mysore Urban Development Authority (MUDA) were accompanying the accused during the bike rally and took part in the election campaign without obtaining permission. 3. It is submitted that when the complainant confronted the accused and asked for letter indicating - 4 - HC-KAR NC: 2025:KHC:41238 CRL.P No. 12015 of 2025 permission and as there was no response, he had inferred that there was no such permission and FIR was registered in Crime No.0158/2023. 4. The investigation is completed and Charge Sheet has been filed. It is noticed that the offence in the Charge Sheet at Column No.12(xiii) is shown as offence under Section 171H of IPC. A perusal of Column No.17 of the Charge Sheet would indicate the same averments as found in the complaint. 5. Section 171H of IPC reads as follows:- "171H. Illegal payments in connection with an election.—Whoever without the general or special authority in writing of a candidate incurs or authorises expenses on account of the holding of any public meeting, or upon any advertisement, circular or publication, or in any other way whatsoever for the purpose of promoting or procuring the election of such candidate, shall be punished with fine which may extend to five hundred rupees: Provided that if any person having incurred any such expenses not exceeding the amount of ten - 5 - HC-KAR NC: 2025:KHC:41238 CRL.P No. 12015 of 2025 rupees without authority obtains within ten days from the date on which such expenses were incurred the approval in writing of the candidate, he shall be deemed to have incurred such expenses with the authority of the candidate. 6. 6. It is noticed that under Chapter-IXA, 'Of Offences Relating to Elections', Section 171H deals with illegal payment in connection with election. The facts as made out in the Charge Sheet and the complaint do not make out the ingredients of Section 171H and on the other hand, appears to make out the ingredients of Section 188 of IPC, however, noticing that the Charge Sheet is filed under Section 171H, there is no warrant to continue the present proceedings. 7. However, it must be noticed that the seriousness with which the election offences are dealt with requires to be commented upon. There is a separate Chapter in IPC, i.e. Chapter IXA - 'offences relating to elections', while it is noticed that the charge sheet filed by - 6 - HC-KAR NC: 2025:KHC:41238 CRL.P No. 12015 of 2025 the Officer reflects non-application of mind. An elementary distinction between Section 171H and Section 188 of IPC is not noticed. 8. It is noticed that the officials concerned in some matters involving prominent personalities appear to resort to filing of defective charge sheet. The pattern of filing such defective charge sheets it can be inferred is to shield prominent personalities and serves the purpose of carrying out investigation on the one hand and on the other hand, filing defective charge sheet serves the purpose of protecting such prominent personalities as the same are eventually set aside, as the same cannot stand the test of legal scrutiny. 9. Such observations are made noticing that though the content of the complaint and charge sheet make out a case under Section 188 of IPC, the proceedings are initiated under Section 171H of IPC. There being no overlap between the offences, the action of - 7 - HC-KAR NC: 2025:KHC:41238 CRL.P No. 12015 of 2025 initiating proceedings under the apparent wrong provision of law has constrained the Court to make such observations supra. Such attitude of the officials cannot go unaddressed. 10. Accordingly, the petition is allowed. The proceedings pending in C.C.No.31264/2020 before the 42nd Additional Chief Judicial Magistrate, Bangalore are set aside, while reserving liberty to initiate action as may be permissible in law. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR