- 1 - HC-KAR NC: 2026:KHC:16684 CRL.P No. 2070 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ CRIMINAL PETITION NO. 2070 OF 2019 BETWEEN: SRI UDAYA KUMAR HEGDE B S/O LATE G KUSHALA HEGDE SUJU AGED ABOUT 61 YEARS R/AT NO.30/8, 16TH CROSS 6TH MAIN, NARAYANAPPA GARDEN R M V EXTENSION BANGALORE NORTH-560 094 PRESENTLY RESIDING AT M.S.NIRMAN CONSTRUCTION BANGALORE DISTRICT-560094. …PETITIONER (BY SRI. SHAHUL HAMEED REHEMAN, ADVOCATE (ABSENT)) AND: 1. THE STATE OF KARNATAKA THROUGH BANTWAL TOWN POLICE STATION BANTWAL TALUK DAKSHINA KANNADA DISTRICT REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING HIGH COURT, BANGALORE-560 001 2. H. SANNA RANGAYYA AGED ABOUT 45 YEARS TAHASILDAR Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:16684 CRL.P No. 2070 of 2019 BANTWAL TALUK DAKSHINA KANNADA DISTRICT-574219 …RESPONDENTS (BY SRI. M.R.PATIL, HIGH COURT GOVERNMENT PLEADER) THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE ORDER DATED 05.03.2019 AND FURTHER PROCEEDINGS IN CRIME NO.16/2019 PENDING ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC., BANTWAL FOR THE OFFENCE PUNISHABLE UNDER SECTION 171E OF THE IPC AND SECTIONS 123 AND 136 OF THE REPRESENTATION OF THE PEOPLE ACT, 1950 VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has challenged the registration of an F.I.R in Crime No.16/2019 by the respondent No.1 for the offences punishable under Section 171E of the Indian Penal Code, 1860 (for short, ‘IPC’) and Sections 123 and 136 of the Representation of the People Act, 1951, (for short, ‘the R.P Act’) pending consideration before the Additional Civil Judge and J.M.F.C, Bantwal. - 3 - HC-KAR NC: 2026:KHC:16684 CRL.P No. 2070 of 2019 2. The petitioner claims to be a Consultant and Advisor to M/s.Ocean Construction and Nirman Construction Companies. It is alleged that on 08.05.2018, the Income Tax officials raided the office of one Mr. Sudhakar Shetty at Kavoor, Mangaluru, and recovered Rs.22,00,000/- from him and also raided a lodge on B.C Road and recovered Rs.40,00,000/- from Mr. Denzil Harman. During enquiry by the Income Tax officials, it was learnt that Mr. Sudhakara Shetty of Mugarodi Construction had instructed his staff, namely Mr. Varun and Mr. Preetesh to collect money from M/s. Uday Hegde Nirman Construction, Bengaluru, and deliver it to Mr. Denzil Harman, who was Private Secretary to a former Minister. As the election code of conduct was in force in Bantwal, a case in Crime No.16/2019 was registered by the respondent No.1 for the offences punishable under Section 171E of IPC and Sections 123 and 136 of the R.P Act. 3. Being aggrieved by the registration of an F.I.R., the petitioner is before this Court. - 4 - HC-KAR NC: 2026:KHC:16684 CRL.P No. 2070 of 2019 4. The learned counsel for the petitioner is absent and therefore, this Court did not have the benefit of his submissions. 5. Be that as it may, the offences alleged against the petitioner are non-cognizable in nature and therefore, the respondent No.1 ought to have resorted to the procedure prescribed under Section 155(2) of the Code of Criminal Procedure, 1973. Since the same is not done, the entire prosecution of the petitioner is vitiated. 6. Consequently this petition is allowed. The proceedings in Crime No.16/2019 registered by the respondent No.1 for the offences punishable under Section 171E of the Indian Penal Code, 1860 and Sections 123 and 136 of the Representation of the People Act, 1951, pending consideration before the Additional Civil Judge and JMFC, Bantwal, in so far as it relates to the petitioner - accused No.2, is quashed. Sd/- (R. NATARAJ) JUDGE SMA/List No.: 1 Sl No.: 29