- 1 - NC: 2025:KHC-K:2167 CRL.P No. 200450 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE K NATARAJAN CRIMINAL PETITION NO.200450 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: MANIKANTH RATHOD S/O NARENDRA RATHOD, AGE: 30 YEARS, OCC: MLA CANDIDATE CHITTAPUR, R/AT B-G-6 BHARATH PRIDE PARK, HUMNABAD RING ROAD, KALABURAGI-585104. …PETITIONER (BY SRI. B. C. JAKA, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH CHITTAPUR POLICE STATION, DIST. KALABURAGI-585312 NOW REPRESENTED BY ADDL. SPP HIGH COURT OF KARNATAKA KALABURAGI BENCH-585107 …RESPONDENT (BY SRI. SIDDALING P. PATIL, ADDL. SPP.) Digitally signed by NIJAMUDDIN JAMKHANDI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2167 CRL.P No. 200450 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (OLD), UNDER SECTION 528 OF BNSS (NEW), PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.84/2024 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC AT CHITTAPUR ARISING OUT OF CASE REGISTERED AND FILED CHARGE SHEET IN CRIME NO.57/2023 BY THE RESPONDENT CHITTAPUR POLICE AGAINST THE PETITIONER, FOR THE OFFENCE PUNISHABLE UNDER SECTION 171H OF IPC, ON THE BASIS OF PRIVATE COMPLAINT REGISTERED IN P.C.NO.10/2023, TO SECURE THE ENDS OF JUSTICE AND TO PREVENT ABUSE OF PROCESS OF THE COURT AND ETC., THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K NATARAJAN ORAL ORDER (PER: HON'BLE MR. JUSTICE K NATARAJAN) This petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred as ‘BNSS’) for quashing the proceedings in C.C.No.84/2024 pending on the file of Civil Judge and JMFC, at Chittapur arising out of Crime No.57/2023, by the respondent - Chittapur police station, against the petitioner, for the offence punishable under Section 171 (H) of IPC, on the basis of private complaint registered in P.C.No.10/2023. - 3 - NC: 2025:KHC-K:2167 CRL.P No. 200450 of 2025 02. Heard the learned counsel for the petitioner and the learned Addl. SPP. for the respondent – State. 03. The case of the prosecution before the Trial Court is that Sreeshailappa Bonal, who said to be Flying Squad 3/1 of Chittapur filed a first information report before the police and subsequently, he has obtained the permission from the learned Magistrate and registered a FIR for the offence punishable under Section 171(H) of IPC alleging that on 05.05.2023 at about 01.30 a.m. when they raid Basava Lodge and Mayura Lodge, they came to know that the petitioner being a candidate reserved 20 rooms for accommodating 40 drivers and engaging 43 vehicles for the purpose of election, who said to be contested the election. Thereby he has violated the model code conduct of e election commission of India. After receiving the FIR, the police investigated the matter and filed the charge- sheet against the 03 accused persons and the petitioner is shown as accused No.1. 04. Being aggrieved by the same, the petitioner is before this Court. - 4 - NC: 2025:KHC-K:2167 CRL.P No. 200450 of 2025 05. The learned counsel for the petitioner strenuously contended that on perusal of the Section 171 (H) of IPC, it is not attracted against the petitioner who is the contesting candidate in BJP political party. The offence attracted against other accused persons were actually engaged and reserved the room for engaged the vehicles for the purpose of meeting without the permission or authorization of the candidate either general or special. Therefore, the contesting candidate cannot be liable to prosecute the case. Therefore, prayed for quashing the same. 06. Per contra, the learned counsel Addl. SPP. objected the petition. 07. Heard the arguments and perused the records. On perusal of the records it reveals that as per the first information and charge-sheet material on the credible information the Flying Squad 3/1 and his staff were visited 05 lodges in Chittapur Taluka. Out of 05 lodges, in 02 lodges i.e., Basava Lodge and Mayura Lodge, they have found that 20 rooms were reserved for accommodating 40 drivers and they said to be engaged 43 vehicles. The same was violation of the model conduct of election commission of India. Thereby, the present petitioner said to be is shown as accused No.1. - 5 - NC: 2025:KHC-K:2167 CRL.P No. 200450 of 2025 08. On careful reading of the very FIR and charge-sheet wherein it is stated that the very petitioner himself contested the assembly election in 2023. 09. It is worth to refer the Section 171 (H) of the IPC, which reads as under:- 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 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 - NC: 2025:KHC-K:2167 CRL.P No. 200450 of 2025 10. On careful reading of the said provision, it reveals that if any person spent any money without authorization of the candidate either general or special authority, then only the offence will be attracted against the other accused persons, but not as against the very contesting candidate in the election. 11. Of course as per the submission of learned Addl. SPP, one Mahaveer Jain said to be paid the money to the Lodge as well as petrol bunk. However, 02 other persons also named as accused in the charge-sheet, but in respect of Section 171(H) the candidate cannot be made an accused, whereas other persons can be made as accused, if they incurs money without general or special authority of the candidate who contesting the election. Admittedly, the petitioner said to be contested the election. Therefore, the said Section is not attracted against him. The Co-ordinate Bench of this Court also taken similar view in Criminal Petition No.101799/2018 dated 01.10.2018. 12. Considering the facts and circumstances of the case, this Court is of the view on the same counting, the proceedings against the petitioner – accused No.1 who is a contesting candidate is nothing but an abuse of process of law and the same is liable to be quashed. Accordingly, this Court proceeds to pass the following; - 7 - NC: 2025:KHC-K:2167 CRL.P No. 200450 of 2025 O R D E R i) The Criminal Petition is allowed. ii) The criminal proceedings in C.C.No.84/2024 pending on the file of Civil Judge and JMFC at Chittapur arising out of Crime No.57/2023, for the offence punishable under Section 171(H) of IPC, is hereby quashed. Sd/- (K NATARAJAN) JUDGE KJJ List No.: 1 Sl No.: 9 CT:SI