- 1 - HC-KAR NC: 2026:KHC:27319 CRL.P No. 11209 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 11209 OF 2024 BETWEEN: SRI. RAMOJI GOWDA S/O. LATE NARAYANA GOWDA, AGED ABOUT 50 YEARS, R/AT NO. 337/3, HARSHA KUTEERA, THIMMAREDDY LAYOUT, HULIMANGALA, PO: JIGANI, BANGALORE - 560 105. (PETITIONER IS MLC) …PETITIONER (BY SRI. RAKSHITH R, ADVOCATE) AND: 1. STATE OF KARNATAKA BY J. P. NAGAR POLICE STATION, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. LINGARAJU. P S/O. PUTTEGOWDA, AGED ABOUT 49 YEARS, FST-3, JAYNAGARA SOUTH, BANGALORE - 560 011. …RESPONDENTS (BY SRI. B.N. JAGADEESHA, ADDL. SPP FOR R1; SRI. SHARATH DODAWAD, ADVOCATE FOR R2) Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:27319 CRL.P No. 11209 of 2024 THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE FIR IN CR.NO.124/2024 OF J.P. NAGAR POLICE STATION FOR THE OFFENCE P/U/S 123, 127A OF THE REPRESENTATION OF PEOPLE ACT, 1971 AND SEC. 171A, 171B, 171C, 171E AND 171H OF THE IPC, PENDING ON THE FILE OF THE 2ND ACMM AT BANGALORE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court, seeking the following prayer: " WHEREFORE, this HON'BLE Court may please to quash the FIR in Crime No.124/2024 of J.P.Nagar police station for the offences punishable under section under section 123, 127A of the Representation of People Act, 1971, and section 171A, 171B, 171C, 171E and 171H of the IPC pending on the file of the 2nd ACMM at Bangalore in the interest of Justice. " 2. Heard Sri. Sri. Rakshith R., learned counsel appearing for the petitioner, Sri. B.N. Jagadeesha, learned Addl. SPP appearing for respondent No.1, Sri. Sharath Dodawad, learned counsel for respondent No.2 and have perused the material on record. - 3 - HC-KAR NC: 2026:KHC:27319 CRL.P No. 11209 of 2024 3. Sri. Sri. Rakshith R., learned counsel appearing for the petitioner submits that the issue in the lis stands answered by the judgment rendered by this Court in Criminal Petition No.5790/2024 dated 26.09.2024 following the judgment rendered in Criminal Petition No.4917/2024 dated 29.08.2024, wherein it has held as follows: “3. A complaint comes to be registered on 30.04.2024 alleging that on 18.04.2024 when the candidate was conducting a march to filing the nomination for the Lok Sabha elections between 2.00 p.m. and 3.00 p.m., a speech is made by the petitioner against one Mr.Shivanand Patil, alleging that it amounted to character assassination, the complaint comes to be registered by the Election Officer alleging the aforesaid offences. 4. The registration of the crime has driven the petitioner to this Court in the subject petition. The issue would be whether the offence alleged under Section 171G of the IPC is met in the case at hand. Section 171G of the IPC reads as follows: " 171G. False statement in connection with an election.--Whoever with intent to affect the result of an election makes or publishes any statement purporting to be a statement of fact which is false and which he either knows or believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate shall be punished with fine." Section 171G of the IPC directs that whoever with an intent to affect the result of an election, makes or publishes any statement purporting to be a statement of fact which is false would become punishable. - 4 - HC-KAR NC: 2026:KHC:27319 CRL.P No. 11209 of 2024 5. The further mandate of Section 171G of the IPC is that false statement should be made of character or conduct of any candidate, who is contesting in the election. In the case at hand, the petitioner has allegedly spoken about the character of one Mr.Shivanand Patil. It is an admitted fact that the said person against whom the petitioner had spoken was not a candidate for the elections then. Therefore, Section 171G of the IPC would not be met. Though Section 171G of the IPC would spring into action not by a candidate but by whoever would make any statement, which would famish the personal character or conduct of any candidate, it need not be another candidate in the election. In the case at hand, since the petitioner had made certain statements about one Mr.Shivanand Patil, who was not the candidate who was contesting for election, Section 171G of the IPC would not be met. The same goes with Section 123(4) of the Representation of People Act, 1951 and 1988. 6. In the light of the ingredient of the offence under Section 171G of the IPC not being met, permitting further investigation even in the case at hand would become an abuse of process of law and result in miscarriage of justice. The petition thus deserves to succeed with an observation that the finding herein would not become applicable or come in the way of any other proceedings pending between the parties before any other fora. 7. For the aforesaid reasons, the following: ORDER i) The criminal petition is allowed; ii) The FIR in Crime No.28/2024 pending on the file of the learned Principal Civil Judge (Jr. Dn.) and J.M.F.C., Bagalkot District, Bagalkot, stand quashed." - 5 - HC-KAR NC: 2026:KHC:27319 CRL.P No. 11209 of 2024 4. In the light of the issue standing completely answered by this Court quoted supra and for the reasons aforementioned, the following: ORDER i) The criminal petition is allowed. ii) Proceedings in Crime No.124/2024 pending on the file of the 2nd A.C.M.M., Bengaluru stand quashed qua the petitioner. Sd/- (M.NAGAPRASANNA) JUDGE PHM List No.: 3 Sl No.: 69