- 1 - HC-KAR NC: 2026:KHC:27322 CRL.P No. 4891 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. 4891 OF 2024 BETWEEN: SRI. BASANAGOUDA PATIL (YATNAL) S/O RAMANAGOUDA PATIL (YATNAL), AGED ABOUT 59 YEARS, OCC: MLA, VIJAYAPURA CONSTITUENCY, PRESENTLY R/AT OLD IB, STATION ROAD, VILJAYAPURA - 586 101, KARNATAKA. …PETITIONER (BY SRI. VENKATESH DALWAI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY NAVANGARA POLICE STATION, BAGALKOT REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. RAMESH BHIMAPPA SINDAGI S/O BHIMAPPA SINDAGI, AGED ABOUT 57 YEARS, R/AT SINDAGI, RC BAGALKOT - 587 103. …RESPONDENTS (BY SRI. B.N. JAGADEESHA, ADDL. SPP FOR R1; R2 - SERVED) Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:27322 CRL.P No. 4891 of 2024 THIS CRL.P IS FILED U/S.482 OF CR.PC. PRAYING TO QUASH FIR IN CR.NO.45/2024 REGISTERED BY NAVANAGARA P.S. PENDING ON THE FILE OF THE LEARNED PRL.CIVIL JUDGE (SR.DN) AND C.J.M COURT BAGALKOTE DISTRICT BAGALKOT FOR THE OFFENCE P/U/S 171G, 295A, 505(2) OF IPC AND SEC.123(3A) 125 OF R.P ACT PRODUCED AT DOCUMENT NO.1. 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, it is humbly prayed that this Hon'ble court may be pleased to quash First Information Report in Crime No.45/2024 registered by Navanagara Police Station pending on the file of the Principal Civil Judge (Senior Division) and C.J.M., Court Bagalkot District, Bagalkot for the offences punishable U/s 171G, 295A, 505(2) of IPC and Section 123(3A), 125 of RP Act produced at Document No.1 in the interest of justice and equity." 2. Heard Sri. Venkatesh Dalwai, learned counsel appearing for the petitioner, Sri. B.N. Jagadeesha, learned Addl. SPP appearing for respondent No.1 and have perused the material on record. 3. Sri. Venkatesh Dalwai, learned counsel appearing for the petitioner submits that the issue in the lis stands - 3 - HC-KAR NC: 2026:KHC:27322 CRL.P No. 4891 of 2024 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. 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 - 4 - HC-KAR NC: 2026:KHC:27322 CRL.P No. 4891 of 2024 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." 4. Learned counsel appearing for the petitioner further submits that the petitioner is the same and the offences against the petitioner also remains the same, albeit the complainant is different. - 5 - HC-KAR NC: 2026:KHC:27322 CRL.P No. 4891 of 2024 5. 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.45/2024 pending on the file of the Principal Civil Judge (Senior Division) and C.J.M., Court Bagalkot District, stand quashed qua the petitioner. Sd/- (M.NAGAPRASANNA) JUDGE PHM List No.: 3 Sl No.: 55