- 1 - HC-KAR NC: 2026:KHC:13051 CRL.P No. 12360 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 12360 OF 2023 BETWEEN: SHRI YOGA SAI PRAKASH AGED ABOUT 43 YEARS S/O VIJAYA KUMAR R/AT NO.12/2, 5TH CROSS M.KRISHNAPPA LAYOUT MANGAMMANA PALYA GANESH TEMPLE ROAD BENGALURU SOUTH BOMMANAHALLI BENGALURU 3 560 068. &PETITIONER (BY SRI ANIRUDH A.KULKARNI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BOMMANAHALLI POLICE STATION REPRESENTED BY THE S.P.P OFFICE HIGH COURT OF KARNATAKA BENGALURU 3 560 001. 2. PRAKASHA N., AGED ABOUT 47 YEARS FLYING SQUAD OFFICER WARD NO.175, BOMMANAHALLI BENGALURU CITY Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13051 CRL.P No. 12360 of 2023 KARNATAKA 3 560 068. &RESPONDENTS (BY SMT. SOWMYA R., HCGP FOR R1; SRI S.R.DODAWAD, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.P.C PRAYING TO QUASH THE CHARGE SHEET DATED 27.07.2023 FILED BY THE BOMMANAHALLI POLICE STATION, FOR OFFENCE P/U/S 171F OF IPC, PENDING ON THE FILE OF COURT OF THE HONBLE CHIEF METROPOLITAN MAGISTRATE, BENGALURU CITY IN C.C.NO.18932/2023, ANNEXED AS ANNEXURE-C AT PAGE NOS AND ETC., 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 3 accused is before this Court calling in question the proceedings in C.C.No.18932/2023, pending before the Chief Metropolitan Magistrate, Bengaluru, registered for offences punishable under Sections 171F of the IPC. 2. Heard Sri Anirudh A. Kulkarni, learned counsel for petitioner, Smt. Sowmya R., learned High Court Government Pleader for respondent No.1 and Sri S..Dodawad, learned counsel for respondent No.2. - 3 - HC-KAR NC: 2026:KHC:13051 CRL.P No. 12360 of 2023 3. The issue in the lis revolves around the elections for the State Assembly which held in the month of April - May 2023. The issue is that, the petitioner has instigated the voters to vote to a particular party, which would become an offence under Section 171F of the IPC. A complaint comes to be registered on 23.04.2023, not on the date of the incident, but on the date on which the conversation is circulated / noticed on the Facebook. The complaint becomes a crime in Crime No.129/2023 for the offence under Section 171F of the IPC. The police conduct investigation and file a charge sheet. Filing of the charge sheet is what has driven the petitioner to this Court in the subject petition. 4. Sri Anirudh A. Kulkarni, learned counsel appearing for the petitioner submits that even the complaint did not contain a date on which the alleged incident has happened. The summary of the charge sheet as obtaining at column No.17, narrates that the incident as happened on 18.03.2023 and in which point in time, the Election Authorities had no jurisdiction even to look into anything that surfaced either on the social media or otherwise, as the calendar of events were notified - 4 - HC-KAR NC: 2026:KHC:13051 CRL.P No. 12360 of 2023 only on 29.03.2023. Learned counsel would seek quashment of the proceedings. 5. Sri S.R.Dodawad, learned counsel for respondent No.2 would however, refute the submissions of the learned counsel for the petitioner to contend that it is not the date on which the incident has happened, but the date on which the conversation has surfaced on the social media and came to the knowledge of the flying squad and then the crime is registered. Therefore, the police after investigation, have filed their charge sheet in the matter. Learned counsel submits that the petitioner should face the proceedings and come out clean in a full blown trial. 6. I have given my anxious considerations to the submissions made by the learned counsel for the respective parties and have perused the material on record. 7. The issue revolves around the offence under Section 171F of the IPC. Section 171F of the IPC reads as follows: <171-F. Punishment for undue influence or personation at an election.4Whoever commits the offence of undue influence or personation at an election shall be punished with imprisonment of - 5 - HC-KAR NC: 2026:KHC:13051 CRL.P No. 12360 of 2023 either description for a term which may extend to one year, or with fine, or with both.= (Emphasis supplied) For an offence under Section 171F of the IPC, which punishes for undue influence in the elections, the ingredients under Section 171C of the IPC must necessarily be met. Section 171C of the IPC reads as follows: <171-C. Undue influence at elections.4(1) Whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election. (2) Without prejudice to the generality of the provisions of sub-section (1), whoever4 (a) threatens any candidate or voter, or any person in whom a candidate or voter is interested, with injury of any kind, or (b) induces or attempts to induce a candidate or voter to believe that he or any person in whom he is interested will become or will be rendered an object of Divine displeasure or of spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or voter, within the meaning of sub-section (1). (3) A declaration of public policy or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this section.= (Emphasis supplied) - 6 - HC-KAR NC: 2026:KHC:13051 CRL.P No. 12360 of 2023 Section 171C of the IPC would indicate that whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right, commits an offence of undue influence. The conditions stipulated therein are found in Sub- section (2) of Section 171C of the IPC. 8. As observed hereinabove, the Code of Conduct to the Elections was notified on 29.03.2023 and the Election Authorities could not have the jurisdiction even to search or seize, prior to the alleged date i.e., 18.03.2023. It is an admitted fact that the complaint did not contain the date on which the incident has happened, but in column No.17 of the charge sheet, the date of the incident is indicated. Therefore, it is necessary to notice the charge sheet. It reads as follows: “17. Brief facts of the case
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ÎÎݾÎÎÝ® ί¬ÍJ 4ÎÎ5¼_¾VÎ.” (Emphasis added) In terms of the afore-quoted summary of the charge sheet, the incident has taken place on 18.03.2023, in the social media and the code of conduct of the elections is notified only on 29.03.2023, therefore, the election authorities did not have the jurisdiction to do so, a month later from the date of 18.03.2023. 9. Apart from the above facts, the necessary ingredients of Section 171C of the IPC to become an offence under Section 171F of the IPC is not made out. Therefore, finding the offence being loosely laid against the petitioner, the petition deserves to succeed. - 8 - HC-KAR NC: 2026:KHC:13051 CRL.P No. 12360 of 2023 10. For the aforesaid reasons, the following: ORDER a. The criminal petition stands allowed. b. The impugned crime in Crime No.129/2023 and the proceedings in C.C.No.18932/2023, pending on the file of the Chief Metropolitan Magistrate, Bengaluru, qua the petitioner, stand quashed. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 2 Sl No.: 23 CT:SS