- 1 - HC-KAR NC: 2026:KHC:31885 CRL.P No. 7634 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 7634 OF 2025 BETWEEN: SRI. BASANAGOUDA R PATIL (YATNAL) S/O RAMANAGOUDA B PATIL AGE -62 YEARS, OCC - MLA, VIJAYPURA CONSTITUENCY OLD IB, STATION ROAD, VIJAYPURA - 586 101, KARNATAKA ALSO AT SINDAGI ROAD MAHAL AINAPUR AINAPURA, BIJAPUR, KARNATAKA - 586 104. …PETITIONER (BY SRI. GIRISH BHARADWAJ, ADVOCATE) AND: 1. STATE OF KARNATAKA BY TADAS POLICE STATION, SHIGGOAN, HAVERI DISTRICT - 581 205 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. SRI. SHAMSUDDIN HEBASUR S/O HUYSENASAHEB, AGE 53, OCC: GOVT AT HUBLI KOTWAL BUILDING, TAREEB LAND PRESENT AT BEO OFFICE, SHIGGON TALUK, Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:31885 CRL.P No. 7634 of 2025 HAVERI DISTRICT - 581 205. …RESPONDENTS (BY SRI. THEJESH P, HCGP FOR R1; R2 SERVED) THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) OF CR.P.C PRAYING TO QUASH FIR IN CRIME NO.99/2024 REGISTERED BY THE TADAS POLICE STATION RESPONDENT NO.1 PENDING ON THE FILE OF THE LEARNED PRINCIPAL CIVIL JUDGE (Jr.Dn.) AND JMFC COURT, SHIGGAON, HAVERI DISTRICT FOR THE OFFENCE P/US/ 125 OF RP ACT 1951 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 the Court calling in question registration of a crime in crime No.99/2024 registered for the offence punishable under Section 125 of the Representation of People Act, 1950, 1951, 1989. 2. Heard Sri. Girish Bharadwaj, learned counsel appearing for the petitioner and Sri. Thejesh P., learned High Court Government Pleader appearing for respondent No.1. - 3 - HC-KAR NC: 2026:KHC:31885 CRL.P No. 7634 of 2025 3. The petitioner gets embroiled in a crime for offences punishable under Section 125 of the Representation of People Act. Whether this would amount to the ingredients of which are necessary to be present need not detain this Court for long or delve deep into the matter. 4. The issue in the lis stands covered by the judgment rendered by this Court in Crl.P.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 - 4 - HC-KAR NC: 2026:KHC:31885 CRL.P No. 7634 of 2025 publishes any statement purporting to be a statement of fact which is false would become punishable. 5. 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:31885 CRL.P No. 7634 of 2025 4. In the light of the order passed by this Court (supra) and for the reasons aforementioned, the following: ORDER (i) The criminal petition is allowed; (ii) The FIR in Crime No.99/2024 pending on the file of the learned Principal Civil Judge (Jr. Dn.) and JMFC Court, Shiggaon, Haveri District, stand quashed. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 49