- 1 - HC-KAR NC: 2026:KHC:27284 CRL.P No. 1007 of 2024 C/W CRL.P No. 1057 of 2024 CRL.P No. 1080 of 2024 AND 2 OTHERS 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. 1007 OF 2024 C/W CRIMINAL PETITION NO. 1057 OF 2024 CRIMINAL PETITION NO. 1080 OF 2024 CRIMINAL PETITION NO. 1137 OF 2024 CRIMINAL PETITION NO. 1150 OF 2024 IN CRL.P No. 1007/2024 BETWEEN: B. V. RAJEEV GOWDA, S/O. VARADAPPA B, AGED ABOUT 45 YEARS, R/AT #34, WARD NO.1, SURYA SILK CITY LAYOUT, OPP. GARUDADRI SCHOOL, KANAKANAGAR, SIDLAGHATTA, CHIKKABALLAPUR-562 105. …PETITIONER (BY SRI VIVEK S. REDDY, SENIOR ADVOCATE A/W SRI D.P. MAHESH, ADVOCATE) AND: 1. STATE OF KARNATAKA, SHIDLAGHATTA TOWN PS, REP. BY ITS STATE PUBLIC PROSECUTOR, Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:27284 CRL.P No. 1007 of 2024 C/W CRL.P No. 1057 of 2024 CRL.P No. 1080 of 2024 AND 2 OTHERS HIGH COURT OF KARNATAKA, BANGALORE-560 001. 2. SRI SHIVAKUMAR. C. L, MCC FLYING SQUAD NO. 142, SHIDLAGHATTA CONSTITUENCY, SHIDLAGHATTA TALUK, CHIKKABALLAPUR-562 101. …RESPONDENTS (BY SRI B.N. JAGADEESHA, ADDL. SPP FOR R-1; R-2 SERVED) THIS CRL.P IS FILED U/S 482 CR.PC TO QUASH ENTIRE PROCEEDINGS IN C.C.NO.128/2023 PENDING BEFORE THE HON’BLE SR. CIVIL JUDGE AND JMFC, SHIDLAGHATTA AGAINST THE PETITIONER REGISTERED BY SHIDLAGHATTA TOWN POLICE STATION FOR OFFENCEP/U/S 171E OF IPC. IN CRL.P NO. 1057/2024 BETWEEN: B.V. RAJEEV GOWDA, S/O VARADAPPA B, AGED ABOUT 45 YEARS, R/AT #34, WARD NO.1, SURYA SILK CITY LAYOUT, OPP. GARUDADRI SCHOOL, KANAKANAGAR, SIDLAGHATTA, CHIKKABALLAPUR 562105. ...PETITIONER (BY SRI VIVEK S. REDDY, SENIOR ADVOCATE A/W - 3 - HC-KAR NC: 2026:KHC:27284 CRL.P No. 1007 of 2024 C/W CRL.P No. 1057 of 2024 CRL.P No. 1080 of 2024 AND 2 OTHERS SRI D.P MAHESH, ADVOCATE) AND: 1. STATE OF KARNATAKA, DIBBURAHALLI PS, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE 560 001. 2. SRI SHIVAKUAMR C L, M.M.C SQUARE -1 OFFICER, AGED AROUND 57 YEARS, ASSISTANT DIRECTOR, DISTRICT CENSUS OFFICE, ZILLA ADALITHA BHAVANA, CHICKBALLAPUR 562101. ...RESPONDENTS (BY SRI B.N JAGADEESH, ADDL. SPP FOR R-1; R-2 SERVED) THIS CRL.P IS FILED U/S.482 CR.P.C TO QUASH ENTIRE PROCEEDINGS IN C.C.NO.404/2023 PENDING BEFORE THE HON’BLE ADDL. CIVIL JUDGE AND J.M.F.C, SIDDLAGHATTA AGAINST THE PETITIONER REGISTERED BY DIBBURAHALLI P.S. IN CR.NO.52/2023 PUNISHABLE U/S 171C OF IPC. IN CRL.P NO. 1080/2024 BETWEEN: 1. B.V. RAJEEV GOWDA, S/O VARADAPPA B, - 4 - HC-KAR NC: 2026:KHC:27284 CRL.P No. 1007 of 2024 C/W CRL.P No. 1057 of 2024 CRL.P No. 1080 of 2024 AND 2 OTHERS AGED ABOUT 45 YEARS. 2. SAHANA RAJEEV GOWDA, W/O B V RAJEEV GOWDA, AGED ABOUT 39 YEARS. BOTH R/AT #34, WARD NO 1, SURYA SILK CITY LAYOUT, OPP. GARUDADRI SCHOOL, KANAKANAGAR, SIDLAGHATTA, CHIKKABALLAPUR 562105. ...PETITIONERS (BY SRI VIVEK S. REDDY, SENIOR ADVOCATE A/W SRI D P MAHESH, ADVOCATE) AND: 1. STATE OF KARNATAKA, KENCHARLAHALLI P S, REPRSENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE 560001. 2. SMT. ANUROOPA, SUBAGRO DIRECTOR, FLYING SQUAD TEAM-1 OF CHINTAMANI SUB-DIVISION, NO.142, SHIDLAGHATTA LEGISLATIVE ASSEMBLY, CHIKKABALLAPUR 562101. ...RESPONDENTS (BY SRI B. N JAGADEESH, ADDL. SPP FOR R-1) THIS CRL.P IS FILED U/S.482 CR.P.C TO QUASH - 5 - HC-KAR NC: 2026:KHC:27284 CRL.P No. 1007 of 2024 C/W CRL.P No. 1057 of 2024 CRL.P No. 1080 of 2024 AND 2 OTHERS ENTIRE PROCEEDINGS IN C.C.NO.105/2023 PENDING BEFORE THE HON’BLE CIVIL JUDGE AND JMFC., CHINTAMANI AGAINST THE PETITIONER REGISTERED BY KENCHARLAHALLI POLICE STATION FOR THE OFFENCE P/US.171E OF IPC IN CR.NO.41/2023. IN CRL.P NO. 1137/2024 BETWEEN: 1. B.V. RAJEEV GOWDA, S/O VARADAPPA B, AGED ABOUT 45 YEARS. 2. SAHANA RAJEEV GOWDA, W/O B.V. RAJEEV GOWDA, AGED ABOUT 39 YEARS. BOTH ARE R/AT #34, WARD NO.1, SURYA SILK CITY LAYOUT, OPP. GARUDADRI SCHOOL, KANAKANAGAR, SIDLAGHATTA, CHIKKABALLAPUR 562105. ...PETITIONERS (BY SRI VIVEK S. REDDY, SENIOR ADVOCATE A/W SRI MAHESH, ADVOCATE) AND: 1. STATE OF KARNATAKA, SHIDLAGHATTA TOWN PS, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE 560 001. - 6 - HC-KAR NC: 2026:KHC:27284 CRL.P No. 1007 of 2024 C/W CRL.P No. 1057 of 2024 CRL.P No. 1080 of 2024 AND 2 OTHERS 2. SMT. KRISHNAVENI, AGED ABOUT 40 YEARS, MCC FLYING SQUAD NO.142, SHIDLAGHATTA CONSTITUENCY, SHIDLAGHATTA TALUK, CHIKKABALLAPUR 562101. ...RESPONDENTS (BY SRI B.N JAGADEESHA, ADDL. SPP FOR R-1) THIS CRL.P IS FILED U/S 482 CR.PC TO QUASH ENTIRE PROCEEDINGS IN C.C.NO.138/2023, PENDING BEFORE THE HON’BLE SR. CIVIL JUDGE AND JMFC, SHIDLAGHATTA AGAINST THE PETITIONER REGISTERED BY DIBBURAHALLI POLICE STATION FOR OFFENCE P/U/S 127A OF REPRESENTATION OF PEOPLE ACT. IN CRL.P NO. 1150/2024 BETWEEN: B.V. RAJEEV GOWDA, S/O VARADAPPA B, AGED ABOUT 45 YEARS, R/AT #34, WARD NO.1, SURYA SILK CITY LAYOUT, OPP. GARUDADRI SCHOOL, KANAKANAGAR, SIDLAGHATTA, CHIKKABALLAPUR 562105. ...PETITIONER (BY SRI VIVEK REDDY, SENIOR ADVOCATE A/W SRI D.P MAHESH, ADVOCATE) - 7 - HC-KAR NC: 2026:KHC:27284 CRL.P No. 1007 of 2024 C/W CRL.P No. 1057 of 2024 CRL.P No. 1080 of 2024 AND 2 OTHERS AND: 1. STATE OF KARNATAKA, SHIDLAGHATTA TOWN PS, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE 560 001. 2. SMT. NARASIMHAPPA G, AGED AROUND 45 YEARS, S/O UNKNOWN, DIST. INSURANCE OFFICER, KGID DEPT, CHIKKABALLAPURA DIST. CHIKKABALLAPUR-562101, KARNATAKA. ...RESPONDENTS (BY SRI B.N. JAGADEESHA, ADDL. SPP FOR R-1) THIS CRL.P IS FILED U/S 482 CR.PC TO QUASH ENTIRE PROCEEDINGS IN C.C.NO.127/2023 PENDING BEFORE HON’BLE SR.CIVIL JUDGE AND J.M.F.C SHIDLAGHATTA AGAINST THE PETITIONER REGISTERED BY DIBBURAHALLI P.S., FOR THE OFFENCE P/U/S 171(E) OF IPC IN CRIME NO. 37/2023. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 8 - HC-KAR NC: 2026:KHC:27284 CRL.P No. 1007 of 2024 C/W CRL.P No. 1057 of 2024 CRL.P No. 1080 of 2024 AND 2 OTHERS CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioner – accused No.5 in Crl.P.No.1007/2024 is before this Court calling in question proceedings in C.C.No.128/2023, pending before the Senior Civil Judge and JMFC, Shidlaghatta, for the offence punishable under Section 171E of the IPC; petitioner – accused No.1 in Crl.P.No.1057/2024 calls in question proceedings in C.C.No.404/2023, pending before the Additional Civil Judge and JMFC, Shidlaghatta, for the offence punishable under Section 171E of the IPC; petitioners – accused Nos.1 and 2 in Crl.P.No.1080/2024 call in question proceedings in C.C.No.105/2023, pending before the Civil Judge and JMFC, Chintamani, for the offence punishable under Section 171E of the IPC; petitioners – accused Nos.1 and 2 in Crl.P.No.1137/2024 call in question proceedings in C.C.No.138/2023, pending before the Senior Civil Judge and JMFC, Shidlaghatta, for the offence punishable under Section 127A of the Representation of People Act, 1951 (for short ‘the Act’) and petitioner – accused No.2 in Crl.P.No.1150/2024 calls in question proceedings in C.C.No.127/2023, pending before - 9 - HC-KAR NC: 2026:KHC:27284 CRL.P No. 1007 of 2024 C/W CRL.P No. 1057 of 2024 CRL.P No. 1080 of 2024 AND 2 OTHERS the Senior Civil Judge and JMFC, Shidlaghatta, for the offence under Section 171E of the IPC. 2. Heard Sri Vivek S. Reddy, learned senior counsel for the petitioners and Sri B.N.Jagadeesha, learned Additional State Public Prosecutor for respondents – State, in all the petitions. 3. For the sake of brevity, facts obtaining in Crl.P.No.1007/2024 are narrated: It is the case of the prosecution that, while respondent No.2 - complainant was performing his duty along with his staff Constable, he comes across an information that someone was distributing money for the purpose of garnering votes, near one Narayanappa’s house. In other petitions, the house may vary, but the allegation remains the same. Second complainant goes to the spot, notices four people and out of them, three ran away and another person ran inside Narayanappa’s house and threw the money on the cot and ran to the first floor. The police accompanied the complainant, detained everyone and they identified themselves. The complainant then takes into - 10 - HC-KAR NC: 2026:KHC:27284 CRL.P No. 1007 of 2024 C/W CRL.P No. 1057 of 2024 CRL.P No. 1080 of 2024 AND 2 OTHERS custody an amount of ₹89,000/- along with contract papers of a model EVM. On enquiry, they revealed the name of the petitioner/s. These are the allegations that run through all these cases. Therefore, the offences under Section 171E of the IPC and Section 127A of the Act emerge in the respective petitions. The police conduct investigation and file charge sheets in the respective cases for the afore-quoted offences. Therefore, challenging the final report of the investigation, the petitioners are before this Court in the subject petitions. 4. Sri Vivek S. Reddy, learned senior counsel appearing for the petitioners would vehemently contend that no acts of the petitioners would amount to the offence punishable under Section 171E of the IPC or Section 127A of the Act. He would seek to place reliance upon the judgments rendered by a co- ordinate bench of this Court in the case of SMT. SHASHIKALA Vs. STATE AND ANOTHER reported in 2024 SCC OnLine Kar 4665, which is followed by this Court in the case of M. MALURU ES EN KRISHNAIAH SETTY VS. STATE reported in 2025 SCC OnLine Kar 19647. - 11 - HC-KAR NC: 2026:KHC:27284 CRL.P No. 1007 of 2024 C/W CRL.P No. 1057 of 2024 CRL.P No. 1080 of 2024 AND 2 OTHERS 5. Learned Additional State Public Prosecutor would submit that it would be a matter of trial for the petitioners to come out clean and he would not dispute the law as is laid down by the co-ordinate bench and that of this Court. 6. In the light of the submissions and the contra- submissions, the issue boils down to a narrow compass. Whether the offence under Section 171E of the IPC or Section 127A of the Act are made out against the petitioners or otherwise. The interpretation of Section 171E of the IPC need not detain this Court for long or delve deep into the matter. 7. The co-ordinate bench of this Court in the case of SMT. SHASHIKALA Vs. STATE AND ANOTHER reported in 2024 SCC OnLine Kar 4665, has held as follows : “4. Having heard the learned counsel for the parties and having perused the Petition papers, this Court is inclined to grant indulgence in the matter for the following reasons: (a) Chapter IXA came to be added to the statute book namely IPC, 1860 by way of amendment, with intent to bring purity in election process. It seeks to make punishable under the ordinary penal law, bribery, undue influence & personation, and certain other malpractices at elections not only to the Legislative bodies, but also to membership of public authorities where the law - 12 - HC-KAR NC: 2026:KHC:27284 CRL.P No. 1007 of 2024 C/W CRL.P No. 1057 of 2024 CRL.P No. 1080 of 2024 AND 2 OTHERS prescribes a method of election. Further, it intends to debar persons guilty of malpractices from holding positions of public responsibility for a specific period. This chapter has to be read along with the relevant provisions of the Representation of People Act, 1951 as it contains additional penalties for certain offences, e.g., sections 171E to 171F of this Code. Thus a conviction under section 171E or section 171F of IPC amounts to a disqualification u/s.8 of RP Act, 1951. This chapter comprises of both a dictionary clause and penal provisions. (b) The offence of bribery is defined under Section 171B of IPC as under: “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. - 13 - HC-KAR NC: 2026:KHC:27284 CRL.P No. 1007 of 2024 C/W CRL.P No. 1057 of 2024 CRL.P No. 1080 of 2024 AND 2 OTHERS (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”. This section defines bribery as an electoral offence, primarily as the giving or accepting of a gratification either as a motive or as a reward to any person, either to induce him to stand, or not to stand as, or to withdraw from being a candidate or to vote or refrain from voting at an election. In terms of sub-section (2) inter alia it includes offers or agreements to offer and attempt to procure a gratification. “Gratification” is explained in section 161 as not being restricted to only pecuniary things. Section 171-B(1)(i) provides that if gratification is given to any person inducing him or any other person to exercise any electoral right, it amounts to commission of the offence of bribery. c) In the above backdrop, let me examine the penal provision namely Section 171(E) of IPC which reads as under: “Punishment for bribery.—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.” In order to fit into the definition of ‘bribery’ the requirement is that there should be a person who gives or at least offers to give any - 14 - HC-KAR NC: 2026:KHC:27284 CRL.P No. 1007 of 2024 C/W CRL.P No. 1057 of 2024 CRL.P No. 1080 of 2024 AND 2 OTHERS gratification as a reward for exercising the electoral right or for having exercised such a right, by another person. Thus, there should be minimum two persons involved in the act, namely one who bribes or offers to bribe and the other who is bribed or offered bribe. (d) Added to the above, it is not the case of respondents that the alleged act has been done by the person concerned for and on behalf of the petitioner herein. To put it succinctly, what emerges from the complaint is that a particular person was carrying the money and that the same has been seized since it was suspected to be used for electoral offences. All that does not amount to the offence of bribery, even if the allegations are taken at their face value, and therefore there is no scope for invoking section 171(E) of IPC, as rightly submitted by learned counsel for the petitioner. e) The next allegation in the complaint relates to the offence punishable under section 133 of the Representation of People Act, 1951. The same reads as under: “Penalty for illegal hiring or procuring of conveyance at elections.—If any person is guilty of any such corrupt practice as is specified in clause (5) of section 123 at or in connection with an election, he shall be punishable with imprisonment which may extend to three months and with fine.” The above penal provision in turn refers to a corrupt practice as is specified inter alia in clause 5 of section 123 at or in connection with an election. Section 123 deals with certain acts as corrupt practices. Sub-section(5) specifies one of them, with the following text: “(5) The hiring or procuring, whether on payment or otherwise, of any vehicle or - 15 - HC-KAR NC: 2026:KHC:27284 CRL.P No. 1007 of 2024 C/W CRL.P No. 1057 of 2024 CRL.P No. 1080 of 2024 AND 2 OTHERS vessel by a candidate or his agent or by any other person [with the consent of a candidate or his election agent] [or the use of such vehicle or vessel for the free conveyance] of any elector (other than the candidate himself the members of his family or his agent) to or from any polling station provided under section 25 or a place fixed under sub-section (1) of section 29 for the poll” Employing the vehicle or vessel as contemplated in the above provision, is a sine qua non for the invocation of section 133. It is nobody’s case that something of the kind exists in the allegations leveled against the person concerned and more particularly, the petitioner herein. In the absence of ingredients as specified in section 123(5), one would be miles away from the precincts of section 133 of 1951 Act. In the above circumstances, this petition succeeds. The proceedings in Crime No.52/2023 of Nipani Town Police Station, now pending in CC No.2990/2023 on the file of learned JMFC, Nipani, for the offences punishable under sections 120(1) & 133 of Representation of People Act, 1951 and also for the offence punishable under Section 171(E) of IPC, 1860 are hereby quashed. Petitioner is set free of the subject case.” (Emphasis supplied) This Court following the afore-quoted judgment, in the case of M. MALURU ES EN KRISHNAIAH SETTY VS. STATE reported in 2025 SCC OnLine Kar 19647, has held as follows: “9. The issue whether the informant has to go to the learned Magistrate to seek permission or the Station House Officer need not be gone into, as in the opinion of the Court, the offence under Section 171E is not even - 16 - HC-KAR NC: 2026:KHC:27284 CRL.P No. 1007 of 2024 C/W CRL.P No. 1057 of 2024 CRL.P No. 1080 of 2024 AND 2 OTHERS attracted in the case at hand. Section 171E of the IPC reads as follows: “171-E. Punishment for bribery.—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.” For an offence to become punishable under Section 171E of the IPC which is the punishment for bribery, the ingredients as necessary under Section 171B are required to be present. Section 171B of the IPC reads as follows: “171-B. 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. (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.” - 17 - HC-KAR NC: 2026:KHC:27284 CRL.P No. 1007 of 2024 C/W CRL.P No. 1057 of 2024 CRL.P No. 1080 of 2024 AND 2 OTHERS Section 171B mandates that any person who gives gratification to any person with an object of inducing any other person to exercise electoral right or any person accepts either for himself or for other person any gratification is said to be committing the offence of bribe. 10. What is found in the case at hand is not distribution of ration by the petitioner but stock of ration. This, unless the petitioner is caught distributing or anybody else receiving such distribution of ration, would not attract the ingredients of Section 171B of the IPC for it to become an offence under Section 171E of the IPC. 11. This Court in the case of SHRI YUVARAJ v. THE STATE OF KARNATAKA1, held as follows: “…. …. …. 3. The learned counsel for the petitioner would submit that the issue in the case at hand stands covered by the judgment rendered by the Co-ordinate Bench of this Court in Crl.P.No.1560/2024, disposed of on 05.04.2024, wherein the co-ordinate Bench of this Court has held as follows: “2. Learned counsel for the Petitioner vehemently argues that the proceedings are liable to be voided because: i) What all has been alleged in the FIR/Charge Sheet do not disclose commission of any offence and the ingredients of the alleged offences are lacking; therefore, the matter would fit into one of the postulates in STATE OF HARYANA vs CHOWDHARY BHAJAN LAL, AIR 1992 SC 604 which has been reiterated in M/S NEEHARIKA INFRASTRUCTURES PVT. LTD. Vs. STATE OF MAHARASHTRA AND OTHERS, 2021 SCC OnLine 315. ii) The order of the learned Magistrate which grants permission which occurs at page No.33 of the PETITION is as cryptic as can be and further it does not disclose any application of mind nor it is reasoned. 3. Learned Addl. SPP appearing for the Respondent – State vehemently opposes the Petition contending that by looking to the entire material of charge Sheet filed by the police after investigation, it cannot be said that the proceedings are unsustainable. If petitioner faces the trial, no prejudice would be caused to her and that the same would do justice to herself and to the public interest. Even otherwise, petitioner can tap the provisions for discharge or the like, at the 1 Crl.P.No.7180 of 2024 dated 08.08.2024 - 18 - HC-KAR NC: 2026:KHC:27284 CRL.P No. 1007 of 2024 C/W CRL.P No. 1057 of 2024 CRL.P No. 1080 of 2024 AND 2 OTHERS hands of learned Magistrate himself, instead of pressing this petition. So contending, he seeks dismissal of the Writ Petition. 4. Having heard the learned counsel for the parties and having perused the Petition papers, this Court is inclined to grant indulgence in the matter for the following reasons: (a) Chapter IXA came to be added to the statute book namely IPC, 1860 by way of amendment, with intent to bring purity in election process. It seeks to make punishable under the ordinary penal law, bribery, undue influence & personation, and certain other malpractices at elections not only to the Legislative bodies, but also to membership of public authorities where the law prescribes a method of election. Further, it intends to debar persons guilty of malpractices from holding positions of public responsibility for a specific period. This chapter has to be read along with the relevant provisions of the Representation of People Act, 1951 as it contains additional penalties for certain offences, e.g., sections 171E to 171F of this Code. Thus a conviction under section 171E or section 171F of IPC amounts to a disqualification u/s.8 of RP Act, 1951. This chapter comprises of both a dictionary clause and penal provisions. (b) The offence of bribery is defined under Section 171B of IPC as under: “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. (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” - 19 - HC-KAR NC: 2026:KHC:27284 CRL.P No. 1007 of 2024 C/W CRL.P No. 1057 of 2024 CRL.P No. 1080 of 2024 AND 2 OTHERS This section defines bribery as an electoral offence, primarily as the giving or accepting of a gratification either as a motive or as a reward to any person, either to induce him to stand, or not to stand as, or to withdraw from being a candidate or to vote or refrain from voting at an election. In terms of sub- section (2) inter alia it includes offers or agreements to offer and attempt to procure a gratification. “Gratification” is explained in section 161 as not being restricted to only pecuniary things. Section 171-B(1)(i) provides that if gratification is given to any person inducing him or any other person to exercise any electoral right, it amounts to commission of the offence of bribery. c) In the above backdrop, let me examine the penal provision namely Section 171(E) of IPC which reads as under: “Punishment for bribery.—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.” In order to fit into the definition of ‘bribery’ the requirement is that there should be a person who gives or at least offers to give any gratification as a reward for exercising the electoral right or for having exercised such a right, by another person. Thus, there should be minimum two persons involved in the act, namely one who bribes or offers to bribe and the other who is bribed or offered bribe. (d) Added to the above, it is not the case of respondents that the alleged act has been done by the person concerned for and on behalf of the petitioner herein. To put it succinctly, what emerges from the complaint is that a particular person was carrying the money and that the same has been seized since it was suspected to be used for electoral offences. All that does not amount to the offence of bribery, even if the allegations are taken at their face value, and therefore there is no scope for invoking section 171(E) of IPC, as rightly submitted by learned counsel for the petitioner. e) The next allegation in the complaint relates to the offence punishable under section 133 of the Representation of People Act, 1951. The same reads as under: “Penalty for illegal hiring or procuring of conveyance at elections.—If any person is guilty of any such corrupt practice as is specified in clause (5) of section 123 at or in connection with an election, he shall be punishable with imprisonment which may extend to three months and with fine.” The above penal provision in turn refers to a corrupt practice as is specified inter alia in clause 5 of section 123 at or in connection with - 20 - HC-KAR NC: 2026:KHC:27284 CRL.P No. 1007 of 2024 C/W CRL.P No. 1057 of 2024 CRL.P No. 1080 of 2024 AND 2 OTHERS an election. Section 123 deals with certain acts as corrupt practices. Sub-section(5) specifies one of them, with the following text: “(5) The hiring or procuring, whether on payment or otherwise, of any vehicle or vessel by a candidate or his agent or by any other person [with the consent of a candidate or his election agent] [or the use of such vehicle or vessel for the free conveyance] of any elector (other than the candidate himself the members of his family or his agent) to or from any polling station provided under section 25 or a place fixed under sub-section (1) of section 29 for the poll” Employing the vehicle or vessel as contemplated in the above provision, is a sine qua non for the invocation of section 133. It is nobody’s case that something of the kind exists in the allegations leveled against the person concerned and more particularly, the petitioner herein. In the absence of ingredients as specified in section 123(5),one would be miles away from the precincts of section 133of 1951 Act. In the above circumstances, this petition succeeds. The proceedings in Crime No.52/2023 of Nipani Town Police Station, now pending in CC No.2990/2023 on the file of learned JMFC, Nipani, for the offences punishable under sections 120(1) & 133 of Representation of People Act, 1951 and also for the offence punishable under Section 171(E) of IPC, 1860 are hereby quashed. Petitioner is set free of the subject case." 4. In the light of the order passed by the Co-ordinate Bench of this Court (supra) and for the reasons aforementioned, the following: ORDER i) The Criminal Petition is allowed. ii) The proceedings in C.C.No.2990/2023 pending on the file of the Additional Civil Judge and J.M.F.C., Court, Nipani, qua the petitioner, stand quashed.” (Emphasis in original) 12. In light of the issue standing covered by the order passed by this Court (supra) and on finding no ingredient of Section 171E of IPC being attracted in the case at hand, the crime registered against the petitioner is rendered unsustainable. The unsustainability, leads to its obliteration.” (Emphasis supplied) - 21 - HC-KAR NC: 2026:KHC:27284 CRL.P No. 1007 of 2024 C/W CRL.P No. 1057 of 2024 CRL.P No. 1080 of 2024 AND 2 OTHERS 7.1. In Crl.P.No.1137/2024, the petitioners are alleged of the offence punishable under Section 127A of the Act. This Court in the case of SHIVAPRASAD Vs. STATE in W.P.No.19700/2024, disposed on 17.12.2024, has interpreted the above provision and held as follows: “8. xxxxxxx The offence alleged against the petitioners is the one punishable under Section 127A of the Act. It reads as follows: “127A. Restrictions on the printing of pamphlets, posters, etc,--(1) No person shall print or publish, or cause to be printed or published, any election pamphlet or poster which does not bear on its face the names and addresses of the printer and the publisher thereof. (2) No person shall print or cause to be printed any election pamphlet or poster-- (a) unless a declaration as to the identity of the publisher thereof, signed by him and attested by two persons to whom he is personally known, is delivered by him to the printer in duplicate; and (b) unless, within a reasonable time after the printing of the document, one copy of the declaration is sent by the printer, together with one copy of the document,-- (i) where it is printed in the capital of the State, to the Chief Electoral Officer; and (ii) in any other case, to the district magistrate of the district in which it is printed. (3) For the purposes of this section,-- (a) any process for multiplying copies of a document, other than copying it by hand, shall be deemed to be - 22 - HC-KAR NC: 2026:KHC:27284 CRL.P No. 1007 of 2024 C/W CRL.P No. 1057 of 2024 CRL.P No. 1080 of 2024 AND 2 OTHERS printing and the expression "printer" shall be construed accordingly; and (b) "election pamphlet or poster" means any printed pamphlet, hand-bill or other document distributed for the purpose of promoting or prejudicing the election of a candidate or group of candidates or any placard or poster having reference to an election, but does not include any handbill, placard or poster merely announcing the date, time, place and other particulars of an election meeting or routine instructions to election agents or workers. (4) Any person who contravenes any of the provisions of sub-section (1) or sub-section (2) shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.” (Emphasis supplied) Section 127A deals with restrictions on printing of pamphlets, posters inter alia. It directs that no person shall print or publish any election pamphlet or poster which does not bear on its face, the names and addresses of the printer and publisher thereof. Therefore, the soul of the provision is printing and publishing any election pamphlet or a poster, which obviously is during an election. Section 127(3)(b) defines what is an election pamphlet or a poster, which means, a handbill or a document distributed for the purpose of promoting or prejudicing the election of a candidate or group of candidates. What is a pamphlet and a poster has not borne judicial consideration. In such circumstance, the dictionary meaning of the words ‘pamphlet and poster’ are to be drawn in. The word pamphlet is defined to be a very thin book, with paper cover containing information about a particular subject. The word poster is defined as a large notice, often with a picture on it pasted in a public place for the purpose of advertisement. The aforesaid are, the dictionary meaning of the two words found in Section 127A(3)(b) of the Act. If the provision afore-quoted and the interpretation afore- rendered are taken note of, the offence emerges - 23 - HC-KAR NC: 2026:KHC:27284 CRL.P No. 1007 of 2024 C/W CRL.P No. 1057 of 2024 CRL.P No. 1080 of 2024 AND 2 OTHERS only during an election qua a pamphlet or a poster used during such elections.” (Emphasis supplied) In the light of the issue completely answered as to what would amount to ‘bribery’ during the elections and the ingredients for the offences punishable under Section 171E of the IPC and Section 127A of the Act not being found in the cases at hand, following the law laid down by the co-ordinate bench and this Court, the inevitable conclusion would be obliteration of the proceedings. 8. For the aforesaid reasons, the following: ORDER a. The criminal petitioners are allowed. b. The proceedings in C.C.No.128/2023, pending before the Senior Civil Judge and JMFC, Shidlaghatta; in C.C.No.404/2023, pending before the Additional Civil Judge and JMFC, Shidlaghatta; proceedings in C.C.No.105/2023, pending before the Civil Judge and JMFC, Chintamani; in C.C.No.138/2023, pending before the Senior Civil Judge and JMFC, Shidlaghatta - 24 - HC-KAR NC: 2026:KHC:27284 CRL.P No. 1007 of 2024 C/W CRL.P No. 1057 of 2024 CRL.P No. 1080 of 2024 AND 2 OTHERS and in C.C.No.127/2023, pending before the Senior Civil Judge and JMFC, Shidlaghatta, qua the petitioner /s, stand quashed. c. Liberty is reserved to the respondents – State to initiate proceedings if available in law. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE nvj List No.: 3 Sl No.: 45