- 1 - HC-KAR NC: 2026:KHC:31623 CRL.P No. 8438 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. 8438 OF 2025 (482(Cr.PC) / 528(BNSS) ) BETWEEN: 1. SRI. H. A. IQBAL HUSSAIN S/O BASEER SAAB @ ABDUL BASHEER, AGED ABOUT 54 YEARS, (MEMBER OF LEGISLATIVE ASSEMBLY) HUKKUNDA, UYYAMBALLI, KANAKPURA TALUK, RAMNAGARA, KARNATAKA - 562 159. 2. SRI. SIDDARAM.B S/O RAMLINGAIAH, AGED ABOUT 62 YEARS, NO.29, BANNIKUPPE POST, KAILANCHA, NEAR MARAMMA TEMPLE, ANKANAHALLI, RAMANAGARA, KARNATAKA - 562 159. …PETITIONERS (BY SRI. H V PRAVEEN GOWDA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY IJOOR POLICE STATION, RAMANAGARA DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KARNATAKA, BENGALURU - 560 001. Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:31623 CRL.P No. 8438 of 2025 2. SRI. K. S. KUMAR SUBRAMANYA S/O K S SHAMBU BHATT, AGED ABOUT 57 YEARS, ASSISTANT DIRECTOR SILK, RAMANAGAR DIVISION, RAMNAGAR. …RESPONDENTS (BY SMT. WAHEEDA M M., HCGP FOR R-1; R-2 SERVED) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C NO.1518/2019 WHICH IS PENDING BEFORE THE HONOURABLE ADDL. CIVIL JUDGE AND JMFC COURT, RAMANAGAR DISTRICT ON THE FILE OF THE RESPONDENT POLICE AS THE SAID COMPLAINT IS AN ABUSE OF THE COURT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before the Court calling in question proceedings in C.C. No.1518/2019 registered for offences punishable under Section 171H of the IPC and 123(1) of the Representation of People Act, 1950. 2. Heard Sri.H.V. Praveen Gowda, learned counsel for the petitioners and Smt. Waheeda M.M., learned HCGP for respondent No.1. - 3 - HC-KAR NC: 2026:KHC:31623 CRL.P No. 8438 of 2025 3. An incident that happens on 12.04.2019 at about 08.15 p.m., the accused No.1 is said to have burst fire crackers in violation of the Code of Conduct and also had distributed the cake in the building premises to the party workers. Therefore, it became the ingredients of the offences under Sections 171H of IPC and 123(1) of the Representation of People Act. The police after investigation have filed a charge sheet. Filing of the charge sheet and issuance of summons have driven the petitioners to this Court in the subject petition. 4. Learned counsel appearing for the petitioners submits that the cake is distributed is a fact, but only to the party workers inside a particular premises and that would not amount to bribery as obtaining under Section 171A of the IPC for it to become an offence under Section 171B of the IPC for it to become an offence under Section 171H of the IPC or 123(1) of the Representation of People Act. Learned counsel would thus seek quashment of the proceedings. - 4 - HC-KAR NC: 2026:KHC:31623 CRL.P No. 8438 of 2025 5. Per contra, learned HCGP would however refute the submissions advanced by the learned counsel for the petitioners. 6. I have given my anxious consideration to the submissions made by the respective learned counsels. The afore-narrated facts are not in dispute and they are, in fact, a matter of record. The issue is whether it would amount to an offence under Section 171H of the IPC. The interpretation of Section 171H of the IPC or 123(1) of the Representation of People Act need not detain this Court for long or delve deep into the matter. This Court in the case of Sri Jagadish Shivayya Gudagunti and Another v. State of Karnataka and Another [Crl.P. No.12344/2023, disposed of on 22.08.2024], considering the issue has held as follows: 7. …… It now becomes necessary to consider whether the complaint or the summary of the charge sheet would make out an offence under Section 171H of the IPC. Section 171H of the IPC reads as follows: “171-H. Illegal payments in connection with an election.—Whoever without the general or special authority in writing of a candidate incurs or authorizes expenses on account of the holding of any public meeting, or upon any advertisement, circular or publication, or in any other way whatsoever - 5 - HC-KAR NC: 2026:KHC:31623 CRL.P No. 8438 of 2025 for the purpose of promoting or procuring the election of such candidate, shall be punished with fine which may extend to five hundred rupees: Provided that if any person having incurred any such expenses not exceeding the amount of ten rupees without authority obtains within ten days from the date on which such expenses were incurred the approval in writing of the candidate, he shall be deemed to have incurred such expenses with the authority of the candidate.” Section 171(h) deals with illegal payments in connection with an election. The allegation is not that the petitioners indulged in any illegal payments being made. It is the usage of the vehicles aforesaid, for the purpose of showering of flowers in the campaign for election. The usage of vehicles is what is now become the bone of contention. 8. As observed hereinabove, Section 171H has certain ingredients of distribution of money during the election campaign that is not the complaint, that is not the charge laid against the petitioners nor the ingredients of Section 171H of the IPC is met even to its remotest sense in the case at hand." 8. In the light of the interpretation of 171H and what would amount to bribery during an election and the facts obtained in the case at hand would not meet even the threshold of the ingredients of 171B or 123(1). Permitting further proceedings would become an abuse of the process of law and result in miscarriage of justice. 9. For the aforesaid reasons, the following: - 6 - HC-KAR NC: 2026:KHC:31623 CRL.P No. 8438 of 2025 O R D E R (i) Criminal Petition is allowed. (ii) The proceedings in C.C.No.1518/2019 pending on the file of Additional Civil Judge (Jr.Dn.) & JMFC, Ramanagar District stands quashed qua the petitioners. Sd/- (M.NAGAPRASANNA) JUDGE VBS List No.: 1 Sl No.: 7