- 1 - HC-KAR NC: 2026:KHC:30537 CRL.P No. 4128 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 4128 OF 2019 BETWEEN: 1. SRI. BALAKRISHNA H C, S/O LATE H G CHANNAPPA, NOW AGED ABOUT 53 YEARS, EX MLA, MAGADI VIDHANA SABHA, HULIKATTE GRAMA, MADABAL HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT-572120. 2. SRI. RAVI, S/O LATE BASAVAIAH, NOW AGED ABOUT 47 YEARS, EX MLA PS., KEMPEGOWDANADODDI, KASABA HOBLI, RAMANAGARA TALUK, RAMANAGARA DISTRICT-571511. …PETITIONERS (BY SRI. RAJU S, ADVOCATE) AND: THE STATE OF KARNATAKA, BY THE POLICE OF RURAL POLICE STATION, RAMANAGARA-571511, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGALORE-560001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S.482 CR.P.C TO CALL FOR RECORDS; QUASH THE ENTIRE PROCEEDINGS PENDING Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:30537 CRL.P No. 4128 of 2019 AGAINST THEM NOW PENDING BEFORE THE HON'BLE 42 ACMM, BENGALURU AND RE-NUMBERED AS C.C.NO.14214/2026, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS (i) IPC 1860 U/S 34, (ii) REPRESENTATION OF PEOPLE ACT, 1951 & 1988 U/S 171(E), (iii) KARNATAKA EXCISE ACT, 1965 U/S 38(A). THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard the learned counsel Sri.Raju S, appearing for the petitioners, Sri.Waheeda M.M, the learned HCGP appearing for the respondent and have perused the material on record. 2. The petitioners are before this Court, seeking the following prayer: "WHEREFORE, the petitioners pray that, this Hon'ble Court be pleased to call for records and quash the entire proceedings pending against them now pending before the Hon'ble 42 ACMM., Bengaluru and re-numbered as CC No.14214/2026, for the offence punishable under Sections (i) IPC 1860 U/s 34, (ii) Representation of People Act, 1951 & 1988 U/s 171(E), (iii) Karnataka Excise Act, 1965 U/s 38(A), to meet the ends of justice." 3. Learned counsel appearing for the petitioners would submit that the issue in the lis stands covered by the judgment - 3 - HC-KAR NC: 2026:KHC:30537 CRL.P No. 4128 of 2019 rendered by this Court in Crl.P.No.10209/20231, wherein it has held as follows: "The petitioner is before this Court calling in question the registration of a crime in Crime No.72/2023 registered for the offence punishable under Section 171B and 171E of IPC and Section 123(1) of the Representation of People Act, 1951 and 1989 pending before JMFC III, Belagavi. 2. Heard Sri. Pramod N.Kathavi, learned Senior counsel appearing for Sri.Gangadhar S Hosakeri for the petitioner and Sri. B.N. Jagadeesha, learned Addl. SPP for the respondents. 3. The learned Senior counsel appearing for the petitioner would submit that the Co-ordinate Bench of this Court has dealt with the identical issue in Crl.P.No.1560/2024 disposed of on 05.04.2024 which is followed by this Court in Crl.P.No.4866/2023. 4. In the light of the issue standing answered by the Co-ordinate Bench of this Court and that being followed by this Court obliterate the crime against the petitioner, same benefit is extended to the present petitioner also. 5. The order passed by this Court in Crl.P.No.4866/2023 is as follows; "The petitioner is before this Court calling in question the registration of a crime in Crime No.35/2023 registered for offence punishable under Section 171E read with Section 34 of the IPC. 2. Heard the learned counsel Sri.Shivaraj S. Balloli, appearing for the petitioner and the learned Additional State Public Prosecutor Sri.B.N.Jagadeesha, appearing for the respondents. 3. Respondent No.2 is the complainant. A complaint comes to be registered for offence punishable under Section 171E of the IPC in Crime No.35/2023 for the reason that the petitioner during the elections had arranged a lunch for several members, who according to the flying squad were voters and it 1 2024 SCC OnLine Kar 13883 - 4 - HC-KAR NC: 2026:KHC:30537 CRL.P No. 4128 of 2019 would amount to ingredients of Section 171E of the IPC. Registration of the crime is what has driven the petitioner to this Court in the subject petition. 4. Learned counsel appearing for the petitioner submits that they were not the voters nor there is any allegation of bribery during the lunch that was allegedly arranged by the petitioner. He would submit that arranging of lunch during the period of elections would not to amount to an offence is the law laid down by the co-ordinate Bench of this Court in the case of Devaraja Shetty and another vs. The State of Karnataka and another2. 5. Per contra, the learned Additional State Public Prosecutor would submit that the matter is at the stage of investigation and the allegations in the complaint is met as it is the flying squat who found that arrangement of lunch without permission on the said date when the complaint comes to be registered. He would submit that the investigation be permitted to be continued and the petitioner be left with the remedies available in law, in the event the investigation would go against the petitioner. 6. I have given my anxious consideration to the contentions of respective learned counsel and have perused the material on record. 7. The afore-narrated facts are not in dispute. The entire issue has triggered from the complaint so registered by respondent No.2. The complaint reads as follows: "ಇವೆ, ಾನ ಆರಕ ಉಪ-ೕಕರು ಾ ಶಹರ ೕ ಾೆ ಇವಂಾ. !ೕ ಜಗ$ೕಶ %ಾಬು ಹುಲೆ() ವಯಸು,: 44 ವಷ. ೌ0ಾಯುಕ1ರು, ನಗರಸ2ೆ ಾ ಎ4ಎ5 01-ಾ 67ಾನಸ2ಾ ಮತ:ೇತ! 2 W.P.Nos.33839-33840/2017 DD.11.09.2017 - 5 - HC-KAR NC: 2026:KHC:30537 CRL.P No. 4128 of 2019 6ಷಯ: ಅಧ ರು ರಣ0ಾ> ಮ?@ಾ ಮಂಡಳ ಾ ಇವರ CೕDೆ ಾದ ೕF ಸಂ?Gೆ ಉಲHಂಘ>Jದ ಬೆK ಕ!ಮ LೈLೊಳOPವ ಕುತು. ಉDೆHೕಖ : ಚುSಾವಾTLಾಗಳ LಾUಾ.ಲಯ. ಕSಾ.ಟಕ 67ಾನ ಸ2ಾ Wಾವ.F!ಕ ಚುSಾವೆ-2023, 01-ಾ 67ಾನ ಸ2ಾ :ೇತ! ರವರ ಆೇಶ ಸಂXೆ : PÀæ/E.Jï.J£ï./C£ÀĪÀÄw/¹.Dgï./ 01/2022-23 ¢£ÁAPÀ:29/03/2023 CೕDಾYJದ 6ಷಯ Zಾಗೂ ಉDೆHೕಖದ ಅ[ಯH ತಮ\H 6ನಂFJLೊಳOPವೆSೆಂದ0ೆ, Sಾನು ಕSಾ.ಟಕ 67ಾನ ಸ2ಾ Wಾವ.F!ಕ ಚುSಾವೆ- 2023 01-ಾ 67ಾನ ಸ2ಾ :ೇತ!ದH ನನೆ ಎ4ಎ5 5ೕ]ದH ^ಾH_ಂ` Wಾaಡ ಅTLಾ ಅಂGಾ ಈ $ವಸ $Sಾಂಕ: 29/3/2023 ರಂದು ನನೆ ಕತ.ವ SೇcJದುd ಇರುತ1ೆ. Sೆe $Sಾಂಕ: 29/03/2023 ರಂದು ಅಧ ರು ರಣ0ಾ> ಮ?@ಾ ಮಂಡಳ ಾ ಇವರು ಾನ ಚುSಾವಾTLಾಗಳO 01-ಾ 67ಾನಸ2ೆ ಇವಂಾ ಈ $ವಸ $Sಾಂಕ: 29/03/2023 ರಂದು 1700 ಗಂfೆ_ಂಾ 2200 ಗಂfೆಯವ0ೆೆ ಾ ಮು,ಪg ZೈಸೂYg CೖಾನದH ಮ?@ೆಯಾ> ಅ ನ ಕುಂಕುಮ Lಾಯ.ಕ!ಮ ಾಡಲು ಅನುಮF ಪhೆದುLೊಂ[ದುd ಅದರಂGೆ ಾ ಮು,ಪg ZೈಸೂYgದH Lಾಯ.ಕ!ಮವನುe ಏಪ.[Jದdರು. Sಾನು ಸದ J¥ïJ¸ïnzÀ°è ಕತ.ವ ವ.?ಸುF1ಾdಗ ಟಂ.` ಆjೕಸk !ೕ ಮಂಜುSಾಥ Wಾac ಇವರು ನನೆ mೕನ ಾ[ ಮು,ಪg ZೈಸೂYgದH ಏಪ.[Jರುವ ಮ?@ೆಯಾ> ಅ ನ ಕುಂಕುಮ Lಾಯ.ಕ!ಮದH ಊಟದ ವ ವWೆo ಾ[ Zಾಗೂ ಸದ Lಾಯ.ಕ!ಮದH pLೊYೕ[ ಮತ:ೇತ!ದ Dೋಕಸ2ಾ ಸದಸ 0ಾದ !ೕ ಅಾqWಾZೇಬ rೊDೆH ಇವರ Zಾ[ನH GೋJದುd ಮತು1 srೆt ಪದ pZೆeಗಳನುe GೋಸDಾಗುF1ದುd ಆ ಬೆK 6.ಎ.5. nêÀiïzÀªÀgÀªÀÅ 6[uೕ ಾ[Lೊಂ[ರುGಾ10ೆ ಅಂGಾ ZೇvದಂGೆ, Sಾನು 6.ಎ.5. nêÀiïzÀªÀgÀ ಹF1ರ Zೋ> ಅವರು ಾ[Lೊಂಡ 6[uೕವನುe SೋಡDಾ>, ಸದ «rAiÉÆÃzÀ°è pLೊYೕ[ ಮತ:ೇತ!ದ Dೋಕಸ2ಾ ಸದಸ 0ಾದ !ೕ ಅಾqWಾZೇಬ rೊDೆH ಇವರ ಬೆK GೋJದುd ಮತು1 ಅೇ Zಾ[ನH srೆt ಪದ pZೆeಗಳO ಕಂಡು ಬಂದವw Zಾಗೂ ಸದ Lಾಯ.ಕ!ಮದH !ೕಮF ಶ ಕDಾ ಅಾqWಾZೇಬ rೊDೆH ಇವರು ಇದdರು. Zಾಗೂ ಸದ Lಾಯ.ಕ!ಮದ ಸoಳದ ಒಂದು ಸoಳದH ಜನೆ ಊಟದ ವ ವWೆo ಾಡDಾ>ತು1. ಇವwಗಳ Cೕಂಾ SೋಡDಾ> ಅಧ ರು ರಣ0ಾ> ಮ?@ಾ ಮಂಡಳ ಾ ಇವರು ಾ ಮತ:ೇತ!ದ ಸಂ2ಾವ srೆt ಪದ ಅಭ z.Uಾದ !ೕಮF ಶ ಕDಾ ಅಾqWಾZೇಬ rೊDೆH ಇವೆ ಸZಾಯ ಾಡುವ ಉೆdೕಶ$ಂಾ ಾನ ಚುSಾವಾTLಾಗಳO 01-ಾ 67ಾನಸ2ೆ ಇವಂಾ ಪhೆದುLೊಂಡ - 6 - HC-KAR NC: 2026:KHC:30537 CRL.P No. 4128 of 2019 ಅನುಮFಯನುe ಉಲHಂಘSೆ ಾ[ದ ಬೆK CೕDೊeೕಟLೆY ಕಂಡು ಬಂ$ರುತ1ೆ. ಆದdಂಾ ಅಧ ರು ರಣ0ಾ> ಮ?@ಾ ಮಂಡಳ ಾ ಮತು1 ಾ ಮತ:ೇತ!ದ srೆt ಸಂ2ಾವ ಅಭ z. ಶ ಕDಾ ಅಾqWಾZೇಬ rೊDೆH ಇವರ ಬೆK ಸGಾ ಸGೆ ಯನುe ಅಯಲು ಅವರ CೕDೆ ತನeದುd jUಾ.$ ಇದುd ಮುಂ$ನ ಕ!ಮ LೈLೊಳPಲು 6ನಂF ಇರುತ1ೆ. 6.ಎ.5. 5ೕ]ದವಂಾ J[ಯನುe ಪhೆದುLೊಂಡು Sಾನು ತಮ\ ಮುಂೆ ಸHಸುವ ವ ವWೆo ಇ5{ರುGೆ1ೕSೆ. ಸoಳ : ಾ $Sಾಂಕ: 30/03/2023" 8. The crux of the complaint is the arrangement of lunch by the petitioner on 29.03.2023 and playing a song in the lunch. This according to the flying squad would amount to an offence under Section 171E of the IPC and therefore, the crime is registered in Crime No.35/2023. The issue is whether arrangement of lunch on a particular day during the elections and playing of song as is alleged would amount to the ingredient of Section 171E of the IPC. 9. For an act to become an offence under Section 171E of the IPC, the ingredients that are depicted in Section 171B of the IPC is necessarily to be present. Section 171B of the IPC reads as follows: "171B. Bribery.—(1) Whoever— (i) gives a gratification to any person with the object of inducing him or any other person to exercise any electoral right or of rewarding any person for having exercised any such right; or (ii) accepts either for himself or for any other person any gratification as a reward for exercising any such right or for inducing or attempting to induce any other person to exercise any such right, commits the offence of bribery: Provided that a declaration of public policy or a promise of public action shall not be an offence under this section. (2) A person who offers, or agrees to give, or offers or attempts to procure, a gratification shall be deemed to give a gratification. - 7 - HC-KAR NC: 2026:KHC:30537 CRL.P No. 4128 of 2019 (3) A person who obtains or agrees to accept or attempts to obtain a gratification shall be deemed to accept a gratification, and a person who accepts a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, shall be deemed to have accepted the gratification as a reward." Section 171B deals with bribery during the election. The provision is unequivocal. There is nothing left to be ambiguous. Such acts of arranging lunch or playing song in a gathering during the election would not come within the definition of bribery, as could be seen under Section 171B of the IPC. 10. The view of mine in this regard is fortified by the judgment rendered by the co-ordinate Bench of this Court (supra), which reads as follows: "6. Having heard the learned counsel appearing for the parties and on perusal of records in general and complaint lodged by respondent No.2 in particular it would disclose that complainant had alleged that he was on election duty of Vidhanasabha Election 2013 and on 31.01.2013, he found that accused No.1 had arranged non-vegetarian food for about 50 to 100 persons being prepared at the car shed of the residence of accused No.1. On enquiry, he came to know that same had been prepared at the instance of accused No.2. As such utensils found there came to be seized. On this ground, complaint came to be lodged by respondent No.2 alleging that petitioners have committed offence under Section 171E. Section 171E of IPC reads as under; "Whoever commits the offence of bribery shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both: Provided that bribery by treating shall be punished with fine only. Explanation- "Treating" means that form of bribery where the gratification consists in food, drink, entertainment, or provision.” Bribery as indicated above is defined under Section 171 B of IPC and it reads as under; "Bribery - (1) Whoever- - 8 - HC-KAR NC: 2026:KHC:30537 CRL.P No. 4128 of 2019 i) give a gratification to any persons with the object of inducing him or any other person to exercise any electoral right or of rewarding any person for having exercised any such right; or ii) accepts either for himself or for any other person any gratification as a reward for himself or exercising any such right or for inducing or attempting to induce any other person to exercise any such right; commits the offence of bribery: Provided that a declaration of public policy or a promise of public action shall not be an offence under this section. (2) A person who offers, or agrees to give, or offers or attempts to procure, a gratification shall be deemed to give a gratification. (3) A person who obtains or agrees to accept or attempts to obtain a gratification shall be deemed to accept a gratification, and a person who accepts a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, shall be deemed to have accepted the gratification as a reward. 7. Keeping the definition referred to hereinabove and complaint lodged by respondent No.2 with respondent No.1 is examined, it does not remotely suggest that ingredients of Section 171E is attracted. The complaint as well as seizure/panchanama does not disclose about food having been prepared and kept ready for distribution as alleged. That apart, incident to attract Section 171E, it should satisfy the definition of Section-171B i.e. there should be bribery namely, offer or attempt to give gratification. Averments or allegations made in the complaint do not remotely suggest that persons who are supposed to vote had assembled at the venue for receiving the food (which is alleged as bribery by prosecution). Arrangements for preparation of non- vegetarian food by itself would not attract the definition of "bribery" as defined under Section 171B. That apart, no food was seized and alleged preparation of non-vegetarian food was at 11.45 AM, yet complaint was lodged at 7.45 PM belatedly. 8. In that view of the matter, petitioner is justified in contending that even if allegations made in the complaint remain uncontroverted, no offence under - 9 - HC-KAR NC: 2026:KHC:30537 CRL.P No. 4128 of 2019 Section 171E can be made out. Hence, this Court if of considered view that continuation of proceedings against petitioners would be an abuse of process of law and it would not serve any fruitful purpose." 6. In that light and for the aforesaid reasons, the following: ORDER i) The petition is allowed; and ii) The FIR in Crime No.72/2023 registered by Marihal Police Station, Belagavi District pending on the file of the JMFC III, Belagavi District, qua the petitioner, stands quashed." 4. In the light of the order passed by this Court (supra) and for the reasons aforementioned, the following: ORDER (i) Criminal Petition is allowed. (ii) The proceedings in C.C.No.14214/2026 pending before the 42nd ACMM, Bengaluru, stand quashed, qua the petitioners. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 2 Sl No.: 46