Allowed

Mallikarjuna S S v. the State of Karnataka

Karnataka HC7 Nov 2024CRL.P/559/2024

Case brief

AI extract

What is this about?

The Supreme Court Criminal Bench quashed proceedings in CC No.3184/2023 for alleged violation of Section 171H IPC, finding the facts did not meet statutory ingredients regarding illegal election payments and noting a defective Magistrate order permitting registration of a non-cognizable offence.

What did the court decide?

The petition is allowed and proceedings in CC No.3184/2023 against the petitioners stand quashed.

Mallikarjuna S S Vs the State of Karnataka — Election Law | Karnataka HC (2024)

¶1

¶2

NC: 2024:KHC:45268 CRL.P No. 559 of 2024

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 7^TH DAY OF NOVEMBER, 2024

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE M.NAGAPRASANNA

¶7

CRIMINAL PETITION NO. 559 OF 2024

¶8

BETWEEN:

¶9

MALLIKARJUNA S S S/O SHAMNUR SHIVSHANKRAPPA, AGED ABOUT 55 YEARS, OCC: BUSINESS, R/AT MCC B BLOCK, DAVANAGERE - 577 004

¶10

PRABHAKARA T.M. S/O MAHADEVAPPA T.N. AGED ABOUT 38 YEARS, R/AT 11^TH CROSS, KB BADAVANE, DAVANAGERE - 577 002

¶11

…PETITIONERS

¶12

(BY SMT. POOJA KATTIMANI, ADV. FOR SRI. DINESHKUMAR RAO K., ADVOCATE)

¶13

Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA

¶14

AND:

¶15

THE STATE OF KARNATAKA BY K T J NAGARA POLICE STATION, DAVANAGERE - 577002

¶16

REP. BY STATE BY PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001

¶17

KUMAR C AGED ABOUT 45 YEARS, OCC: GOVERNMENT OFFICIAL, R/AT FST OFFICER, DAVANAGERE NORTH COSTITUENCY, DAVANAGERE - 577 004

¶18

¶19

NC: 2024:KHC:45268 CRL.P No. 559 of 2024

¶20

…RESPONDENTS

¶21

(BY SRI. B.N. JAGADEESHA, ADDL. SPP FOR R1; SRI. SHARAT S. DODWAD, ADV. FOR R2)

¶22

THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS AGAINST THE PETITIONERS IN C.C.NO.3184/2023 PENDING ON THE FILE OF III ADDL.CIVIL JUDGE AND J.M.F.C COURT AT DAVANAGERE (CHARGE SHEETED FOR OFFENCE P/U/S 171HOF IPC).

¶23

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶24

CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

¶25

ORAL ORDER

¶26

The petitioners are before this Court calling in question the proceedings in C.C.No.3184/2023 registered for offence punishable under Section 171H of the IPC pending on the file of the III Additional Civil Judge and J.M.F.C., Court at Davanagere.

¶27

Heard the learned counsel Smt. Pooja Kattimani, for the learned counsel Sri.Dineshkumar Rao K., appearing for the petitioners, the learned Additional State Public Sri.B.N.Jagadeesha, appearing for respondent No.1 and the learned counsel Sri. Sharat S. Dodwad, appearing for respondent No.2.

¶28

¶29

NC: 2024:KHC:45268 CRL.P No. 559 of 2024

¶30

3. The facts in brief, germane are as follows:

¶31

Respondent No.2 is the complainant. A complaint comes to be registered on 29.04.2023 alleging meeting of the ingredients of Section 171H of the IPC on the score that 14 party workers were distributing shawls belonging to a particular party and that would become an offence under Section 171H of the IPC. The complaint results in registration of a crime in Crime No.104/2023 for the aforesaid offence and the police appeared to have immediately filed a charge sheet for the afore-quoted offence and the matter is now pending before the concerned Court as C.C.No.3184/2023. The registration of the criminal case and issuance of summons is what has driven the petitioners to this Court in the subject petition.

¶32

Learned counsel Smt.Pooja Kattimani appearing for

¶33

the petitioner would vehemently contend that none of the ingredients of Section 171H of the IPC is met even to its remotest sense in the case at hand, as what is required under Section 171H of the IPC is, payment to be made for the purpose of elections. Apart from the said fact, the learned

¶34

¶35

NC: 2024:KHC:45268 CRL.P No. 559 of 2024

¶36

counsel would submit that the order of the learned Magistrate does not bear even a semblance of application of mind and therefore, on these scores, the petition would be allowed.

¶37

Per contra, the learned Additional State Public

¶38

Prosecutor would contend that permission of the learned Magistrate is taken but would leave the decision to the Court the manner in which the permission is granted by the learned Magistrate.

¶39

Learned counsel Sri. Sharat S. Dodwad, representing respondent No.2 would submit that the contention in the petition is, that no permission is taken to register a non-cognizable offence prior to the registration of the crime. Learned counsel submits that is a statement that is contrary to facts, the permission is taken, the manner in which is taken, is for this Court to consider, is his submission.

¶40

I have given my anxious consideration to the contentions of respective learned counsel and have perused the material on record.

¶41

5 - NC: 2024:KHC:45268 CRL.P No. 559 of 2024

¶42

The aforesaid facts are not in dispute. The incident that triggered registration of the crime alleged by the petitioners happens on 29.04.2024. The complaint reads as follows:

¶43

"ಇವ��ೆ , ��ೕ� ��ೕ�ಕರು �ೆ��ೆ ನಗರ ��ೕ� �ಾ�ೆ , �ಾವಣ�ೆ�ೆ . ಇಂದ, ಕು�ಾ�. � ಎ .ಎ�.� ಅ"�ಾ�, �ೆ .�.�ೆ ನಗರ

¶44

106 �ಾವಣ�ೆ�ೆ ಉತ%ರ &'ಾನಸ)ಾ *ೇತ+ �ಾವಣ�ೆ�ೆ . ,ಾಗೂ ಸ,ಾಯಕ ಅ/ಯಂತರರು

¶45

�ಾ+.ಕು.�ೕ ಮತು% 1ೈ, ಉಪ &)ಾಗ, �ಾವಣ�ೆ�ೆ . 4:9448728336

¶46

�ಾನ5�ೆ ,

¶47

&ಷಯ:- ಅನುಮ7 ಇಲ9�ೆ ಅಕ+ಮ:ಾ; ಚು1ಾವ�ಾ ಪ+=ಾರ �ೈ�ೊಂಡವರ &ರುದ? ಕ+ಮ �ೈ�ೊಳAಲು �ೋ�.

¶48

ಈ CೕಲDಂಡ &ಷಯ�ೆD ಸಂಬಂ"�ದಂFೆ ತಮG�9 �ೋರುವH�ೆ1ೆಂದ�ೆ , ನನ�ೆ 106 �ಾವಣ�ೆ�ೆ ಉತ%ರ &'ಾನಸ)ಾ *ೇತ+ದ �ೆ .�.�ೆ ನಗರ ��ೕ� �ಾ�ಾ :ಾ5I%ಯ ¥sÉèöÊ¬ÄAUï ¸ÁÌ÷éqï ಆ; ಅ"�ಾ�Kಾ; ನನLನುL �MೕN�ರುFಾ%�ೆ . ನ1ೊLಂO�ೆ I�-479 ;�ೕಶ �ೌಡ, �I�-391 4ೕಹS ಕು�ಾರ ,ಾಗೂ ಸ�ಾT� NೕU =ಾಲಕ ಮಂಜು1ಾಥ ರವರುಗಳX ನನL ತಂಡ�ೊಂO�ೆ ಇರುFಾ%�ೆ . ಅದರಂFೆ 1ಾವH ಈ Oನ O1ಾಂಕ:29-042023 ರಂದು YೆZ�ೆ[ 06-00 ಗಂ\ೆ]ಂದ ಮ�ಾ5ಹL 02-00 ಗಂ\ೆವ�ೆ�ೆ ಕತTವ5ದ�9ರು:ಾ�ೆ[, YೆZ�ೆ[ ಸು�ಾರು 09-50 ಗಂ\ೆ�ೆ �-&ಜ^ Då¥ï ಐ` ನಂಬ�:691568 1ೇದ?ರ�9 ಬಂದ ದೂ�ನನaಯ 106 �ಾವಣ�ೆ�ೆ ಉತ%ರ

¶49

¶50

NC: 2024:KHC:45268 CRL.P No. 559 of 2024

¶51

&'ಾನಸ)ಾ *ೇತ+ದ �ೆ��ೆ ನಗರ ��ೕ� �ಾ�ಾ ಸರಹO?ನ 7+ಶb^ ಕcಾ ಭವನದ ಮುಖ5 ರfೆ%. ಬgಾA� �ದ?ಮG hಾiT ಪಕDದ ರfೆ%�ೆ ,ೋ�ಾಗ, 106 �ಾವಣ�ೆ�ೆ ಉತ%ರ &'ಾನಸ)ಾ *ೇತ+ದ ಚು1ಾವ�ಾ"�ಾ� (ಆ�.ಓ) ,ಾಗೂ ಉಪ ಆಯುಕ%ರು, ಮ,ಾನಗರ hಾ��ೆ �ಾವಣ�ೆ�ೆ ರವ�ಾದ k+ೕ. k+ೕ�:ಾ� ಮತು% ಉಪ ಚು1ಾವ�ಾ"�ಾ� (ಎಆ�ಓ) k+ೕ. ಸಂFೋl ರವರುಗಳX ಸಹ ಸದ�ಯವರು ಸಹ ಸmಳದ�9 ,ಾಜ�ದು?, ಅ�ೇ ಸಮಯದ�9 14 ಜನ ವ5n%ಗಳX �ಾಂ�ೆ+� ಪ�ದ oಾಲು ಧ��, YಾವHಟ rದು�ೊಂಡು ಮ1ೆ ಮ1ೆ�ೆ ಪ+=ಾರ ನsೆಸು7%ದು?, ಅವರುಗZ�ೆ ಆ�.ಓ ಮತು% ಎಆ�ಓ ರವರುಗಳX ಪ+=ಾರ ಸಂಬಂಧ ಅನುಮ7 ಪsೆOರುವ ಬ�ೆ[ &=ಾ�ಸcಾ; KಾವH�ೇ ಅನುಮ7 ಪತ+ವನುL ,ಾಜ�ಪ�ರುವHOಲ9. ಆಗ ಪ+=ಾರದ�9ದ? ವ5n%ಗಳ ಬ�ೆ[ �ಾr7 ಪsೆಯcಾ; ಒಬu ವ5n%ಯ ,ೆಸರು ಪ+ಭು, 41ೇ �ಾ+�, �ೆ .�.�ೆ ನಗರ, �ಾವಣ�ೆ�ೆ ಎಂದು 7ZದುಬಂOದು?, ಉZದವರ ,ೆಸರು &gಾಸ 7Zದು ಬಂOರುವHOಲ9.

¶52

ಅದ?�ಂದ KಾವH�ೇ ಅನುಮ7ಯನುL ಪsೆಯ�ೇ ಅಕ+ಮ:ಾ; ಚು1ಾವ�ಾ ಪ+=ಾರ ನsೆಸು7%ದ? CೕಲDಂಡವರ Cೕcೆ ದೂರನುL ಸ�9ಸುವಂFೆ CೕಲDಂಡ ಚು1ಾವ�ಾ"�ಾ�ಗಳX ,ಾಗೂ ಉಪ ಚು1ಾವ�ಾ"�ಾ�ಗಳX ನನ�ೆ �ೌvಕ:ಾ; ಸೂw�ದು?, ಅದ?�ಂದ FಾವHಗಳX KಾವH�ೇ ಅನುಮ7ಯನುL ಪsೆಯ�ೇ ಅಕ+ಮ:ಾ; ಚು1ಾವ�ಾ ಪ+=ಾರ ನsೆಸು7%ದ? CೕಲDಂಡವರ Cೕcೆ ಸೂಕ% �ಾನೂನು ಕ+ಮ ಜರು;ಸYೇ�ೆಂದು ತಮG�9 �ೇZ�ೊಳXA7%�ೆ?ೕ1ೆ ."

¶53

The complaint becomes a crime in Crime

¶54

No.104/2023 under Section 171H of the IPC. Section 171H of the IPC reads as follows:

¶55

" 171H. Illegal payments in connection with an election .—Whoever without the general or special authority in writing of a candidate incurs or authorises expenses on account of the holding of any public meeting, or upon any advertisement, circular or publication, or in any other way whatsoever for the purpose of promoting or procuring the election of such

¶56

¶57

NC: 2024:KHC:45268 CRL.P No. 559 of 2024

¶58

candidate, shall be punished with fine which may extend to five hundred rupees:

¶59

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."

¶60

Section 171H of the IPC requires payment to be

¶61

made during the process of the election for the purpose of election campaign. That is not the allegation in the case at hand. The allegation in the complaint is that the party workers were distributing shawls belonging to a particular party. This in the considered view of this Court would not meet the ingredients of Section 171H of the IPC, for it to be tried even if the charge sheet is filed for the said offence.

¶62

The other issue that would cut at the root of the matter is, the manner in which the concerned Court has granted permission under Section 155(2) of the Cr.P.C., for registration of the non-cognizable offence. The order reads as follows:

¶63

" The informant by name Sri. Kumar C.F.S.T Officer, KTJ Nagara, 106, North Constituency, Davanagere is present before the court and along-with PSI by name Sri

¶64

8 - NC: 2024:KHC:45268 CRL.P No. 559 of 2024

¶65

N.R Kate, KTJ Nagara, Davanagere filed requisition for seeking permission to register FIR and conduct investigation for the offences P/u/sec 171(H) of IPC.

¶66

The alleged offence P/u/sec 171(H) is non cognizable in nature. Therefore, it is just and necessary to give permission to register FIR and conduct investigation and to file final report.

¶67

Accordingly, acting u/s 155(2) of Cr.P.C permission is granted. The PSI of KTJ Nagara Police is permitted to register FIR and take up the investigation."

¶68

The order does not bear even a semblance of application of mind as to the contents of the complaint and whether it is necessary to permit registration of a crime at all.

¶69

On the aforesaid scores of the order granting permission bearing no application of mind and the ingredient of Section 171H of the IPC not being met even to its remotest sense, permitting further trial against these petitioners would become an abuse of the process of the law and result in miscarriage of justice.

¶70

For the aforesaid reasons, the following:

¶71

ORDER

¶72

i) The petition is allowed; and

¶73

¶74

NC: 2024:KHC:45268 CRL.P No. 559 of 2024

¶75

ii) The proceedings in C.C.No.3184/2023 pending on the file of III Additional Civil Judge and J.M.F.C., Court at Davanagere, qua the petitioners, stand quashed.

¶76

Sd/(M.NAGAPRASANNA)

¶77

JUDGE

¶78

KG List No.: 1 Sl No.: 33

Mallikarjuna S S v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Mallikarjuna S S v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri N S Ganesh Vs State by Hulimavu Police Station

Sri. Kavin, Vs the State of Karnataka

Sri Bhaskar Vs State of Karnataka

Anant Kumar Dattatray Hegde Vs State of Karnataka

Basanagouda Patil (Yatnal) Mla Vs State of Karnataka

Sri K C Veerendra Vs the State of Karnataka