- 1 - HC-KAR NC: 2026:KHC:16685 CRL.P No. 2071 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ CRIMINAL PETITION NO. 2071 OF 2019 BETWEEN: 1. SRI. D. SUDHAKAR SHETTY AGED ABOUT 48 YEARS, S/O DASU SHETTY NO.2-66, SHEELADAS, MUGRODY PADAVINANGADY MANGALORE-575008 2. VARUN K BHASKAR AGED ABOUT 23 YEARS, S/O LATE BHASKAR K.J. NO.2-74-1, PUSHPA NIVAS, MAIRODI HOUSE, PALANIR ROAD, MANGALORE, KAVUR MANGALORE-575015 AT PRESENT ADDRESS 3. PRETESH KUMAR AGED ABOUT 27 YEARS, S/O GOPALA DEVADIGA NO.5-13, SRI GANESH KRUPA, KAVUR, MANGALORE-575015 AT PRESENT ADDRESS …PETITIONERS (BY SRI. SHAHUL HAMEED REHEMAN, ADVOCATE (ABSENT)) AND: 1. THE STATE OF KARNATAKA THROUGH BANTWAL TOWN POLICE STATION BANTWAL TALUK, DAKHSINA KANNADA DISTRICT Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:16685 CRL.P No. 2071 of 2019 REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING HIGH COURT BANGALORE-560001 2. H. SANNA RANGAYYA AGED ABOUT 45 YEARS, TAHASILDAR BANTWAL TALUK, DAKHSINA KANNADA DISTRICT-574219 …RESPONDENTS (BY SRI. M.R.PATIL, HIGH COURT GOVERNMENT PLEADER) THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE ORDER DATED 05.03.2019 AND FURTHER PROCEEDINGS IN CRIME NO.16/2019 PENDING ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND J.M.F.C., BANTWAL AND QUASH COMPLAINT DATED 03.03.2019 AND FIRST INFORMATION REPORT DATED 05.03.2019 IN CRIME NO.16/2019 REGISTERED BY THE STATION HOUSE OFFICER, BANTWAL TOWN POLICE STATION AND ALL FURTHER PROCEEDINGS NOW PENDING BEFORE THE FILE OF THE ADDITIONAL CIVIL JUDGE AND J.M.F.C., BANTWAL FOR THE OFFENCE PUNISHABLE UNDER SECTION 171E OF THE INDIAN PENAL CODE, 1860 AND SECTIONS 123 AND 136 OF THE REPRESENTATION OF THE PEOPLE ACT AS AGAINST THE PETITIONERS ARRAYED AS ACCUSED NO.1, 3 AND 4. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:16685 CRL.P No. 2071 of 2019 CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioners have challenged the registration of an F.I.R in Crime No.16/2019 by the respondent No.1 for the offences punishable under Section 171E of the Indian Penal Code, 1860 (for short, ‘IPC’) and Sections 123 and 136 of the Representation of the People Act, 1951, (for short, ‘the R.P Act’) pending consideration before the Additional Civil Judge and JMFC, Bantwal. 2. The petitioner No.1 claims to be the Proprietor of Mugrody Construction having its registered office at Kavoor, Mangaluru. Petitioner Nos.2 and 3 are working as Clerk and Office Attender respectively with the petitioner No.1. It is alleged that on 08.05.2018, the Income Tax officials raided the office of the petitioner No.1 at Kavoor, Mangaluru, and recovered Rs.22,00,000/- from him and also raided a lodge situate at B.C.Road and recovered Rs.40,00,000/- from Mr. Denzil Harman. As the election code of conduct was in force in Bantwal, a case in Crime No.16/2019 was registered by the respondent No.1 for the offences punishable under Section - 4 - HC-KAR NC: 2026:KHC:16685 CRL.P No. 2071 of 2019 171E of IPC and Sections 123 and 136 of the R.P Act against the petitioners. 3. Being aggrieved by the registration of an F.I.R., the petitioners are before this Court. 4. The learned counsel for the petitioners is absent and therefore, this Court did not have the benefit of his submissions. 5. Be that as it may, the offences alleged against the petitioners are non-cognizable in nature and therefore, the respondent No.1 ought to have resorted to the procedure prescribed under Section 155(2) of the Code of Criminal Procedure, 1973. Since the same is not done, the FIR in Crime No.16/2019 registered by the respondent No.1 against the petitioners stands vitiated. 6. Consequently this petition is allowed. The proceedings in Crime No.16/2019 registered by the respondent No.1 for offences punishable under Section 171E of the Indian Penal Code, 1860 and Sections 123 and 136 of the Representation of the People Act, 1951, pending consideration - 5 - HC-KAR NC: 2026:KHC:16685 CRL.P No. 2071 of 2019 before the Additional Civil Judge and JMFC, Bantwal, in so far as it relates to the petitioners, is quashed. Sd/- (R. NATARAJ) JUDGE SMA List No.: 1 Sl No.: 30