Karnataka High Court
Shri Yuvaraj W/O Appasab Donawade vs The State Of Karnataka on 8 August, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:31652
CRL.P No. 7180 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 7180 OF 2024
BETWEEN:
SHRI YUVARAJ
W/O APPASAB DONAWADE
AGE: 27 YEARS
OCC: AGRICULTURE
R/O INGALI,
TAL: CHIKODI
DIST: BELAGAVI - 591 242
...PETITIONER
(BY SRI. SHIVRAJ S. BALLOLI., ADVOCATE)
Digitally signed by
NAGAVENI
Location: HIGH
COURT OF AND:
KARNATAKA
1. THE STATE OF KARNATAKA
THROUGH NIPPANI TOWN POLICE STATION
REP. BY THE STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
DHARWAD BENCH,
DHARWAD - 580 001
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CRL.P No. 7180 of 2024
2. SHRI. MAHANTESH
S/O SADASHIV HAROLI
AGE: 33 YEARS
OCC: STATE GOVT. EMPLOYEE
R/O: FST NIPPANI ASSEMBLY 01
NOW AT TOWN PLANNING OFFICE
GURUWAR PETH,
NIPPANI
TQ: NIPPANI
DIST: BELAGAVI - 591 237
...RESPONDENTS
(BY SRI. JAGADEESHA B.N., ADDL SPP FOR R1)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
SEEKING TO QUASH THE ENTIRE PROCEEDINGS INITIATED IN
C.C.NO. 2990/2023 BEFORE THE ADDL. CIVIL JUDGE AND JMFC
COURT, NIPANI ARISING OUT OF CRIME NO. 52/2023 OF NIPPANI
TOWN POLICE STATION FOR THE OFFENCE P/U/SEC. 123(1) OF
REPRESENTATION OF PEOPLE ACT AND SECTION 171(E) OF INDIAN
PENAL CODE, 1860 IN SO FAR AS THE PETITIONER/ACCUSED NO.1
IS CONCERNED.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
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CRL.P No. 7180 of 2024
ORAL ORDER
Heard Sri.Shivraj S. Balloli, learned counsel appearing for
the petitioner and Sri. Jagadeesha B.N., the learned Additional
State Public Prosecutor appearing for respondent No.1.
2. The petitioner is before this Court calling in question
the proceedings in C.C.No.2990/2023, registered for offences
punishable under Section 123(1) of Representation of People
Act and Section 171(E) of India Penal Code, 1860.
3. The learned counsel for the petitioner would submit
that the issue in the case at hand stands covered by the
judgment rendered by the Co-ordinate Bench of this Court in
Crl.P.No.1560/2024, disposed of on 05.04.2024, wherein the
co-ordinate Bench of this Court has held as follows:
"2. Learned counsel for the Petitioner
vehemently argues that the proceedings are liable
to be voided because:
i) What all has been alleged in the
FIR/Charge Sheet do not disclose
commission of any offence and the
ingredients of the alleged offences are
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lacking; therefore, the matter would fit
into one of the postulates in STATE OF
HARYANA vs CHOWDHARY BHAJAN
LAL, AIR 1992 SC 604 which has been
reiterated in M/S NEEHARIKA
INFRASTRUCTURES PVT. LTD. Vs.
STATE OF MAHARASHTRA AND
OTHERS, 2021 SCCOnLine 315.
ii) The order of the learned Magistrate
which grants permission which occurs
at page No.33 of the PETITION is as
cryptic as can be and further it does
not disclose any application of mind nor
it is reasoned.
3. Learned Addl. SPP appearing for the
Respondent - State vehemently opposes the
Petition contending that by looking to the entire
material of charge Sheet filed by the police after
investigation, it cannot be said that the
proceedings are unsustainable. If petitioner faces
the trial, no prejudice would be caused to her and
that the same would do justice to herself and to
the public interest. Even otherwise, petitioner can
tap the provisions for discharge or the like, at the
hands of learned Magistrate himself, instead of
pressing this petition. So contending, he seeks
dismissal of the Writ Petition.
4. Having heard the learned counsel for the
parties and having perused the Petition papers,
this Court is inclined to grant indulgence in the
matter for the following reasons:
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(a) Chapter IXA came to be added to the
statute book namely IPC, 1860 by way of
amendment, with intent to bring purity in election
process. It seeks to make punishable under the
ordinary penal law, bribery, undue influence &
personation, and certain other malpractices at
elections not only to the Legislative bodies, but
also to membership of public authorities where the
law prescribes a method of election. Further, it
intends to debar persons guilty of malpractices
from holding positions of public responsibility for a
specific period. This chapter has to be read along
with the relevant provisions of the Representation
of People Act, 1951 as it contains additional
penalties for certain offences, e.g., sections 171E
to 171F of this Code. Thus a conviction under
section 171E or section 171F of IPC amounts to a
disqualification u/s.8 of RP Act, 1951. This chapter
comprises of both a dictionary clause and penal
provisions.
(b) The offence of bribery is defined under
Section 171B of IPC as under:
"171B. Bribery--
(1) Whoever--(i)gives a gratification to any person
with the object of inducing him or any other
person to exercise any electoral right or of
rewarding any person for having exercised any
such right; or
(ii) accepts either for himself or for any other
person any gratification as a reward for exercising
any such right or for inducing or attempting to
induce any other person to exercise any such
right; commits the offence of bribery:
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Provided that a declaration of public policy or
a promise of public action shall not be an offence
under this section.
(2) A person who offers, or agrees to give, or
offers or attempts to procure, a gratification shall
be deemed to give a gratification.
(3) A person who obtains or agrees to accept or
attempts to obtain a gratification shall be deemed
to accept a gratification, and a person who accepts
a gratification as a motive for doing what he does
not intend to do, or as a reward for doing what he
has not done, shall be deemed to have accepted
the gratification as a reward"
This section defines bribery as an electoral offence,
primarily as the giving or accepting of a
gratification either as a motive or as a reward to
any person, either to induce him to stand, or not
to stand as, or to withdraw from being a candidate
or to vote or refrain from voting at an election. In
terms of sub-section (2) inter alia it includes offers
or agreements to offer and attempt to procure a
gratification. "Gratification" is explained in section
161 as not being restricted to only pecuniary
things. Section 171-B(1)(i) provides that if
gratification is given to any person inducing him or
any other person to exercise any electoral right, it
amounts to commission of the offence of bribery.
c) In the above backdrop, let me examine
the penal provision namely Section 171(E) of IPC
which reads as under:
"Punishment for bribery.--Whoever
commits the offence of bribery shall be
punished with imprisonment of either
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description for a term which may extend to
one year, or with fine, or with both: Provided
that bribery by treating shall be punished
with fine only."
In order to fit into the definition of 'bribery'
the requirement is that there should be a person
who gives or at least offers to give any
gratification as a reward for exercising the
electoral right or for having exercised such a right,
by another person. Thus, there should be
minimum two persons involved in the act, namely
one who bribes or offers to bribe and the other
who is bribed or offered bribe.
(d) Added to the above, it is not the case of
respondents that the alleged act has been done by
the person concerned for and on behalf of the
petitioner herein. To put it succinctly, what
emerges from the complaint is that a particular
person was carrying the money and that the same
has been seized since it was suspected to be used
for electoral offences. All that does not amount to
the offence of bribery, even if the allegations are
taken at their face value, and therefore there is no
scope for invoking section 171(E) of IPC, as rightly
submitted by learned counsel for the petitioner.
e) The next allegation in the complaint
relates to the offence punishable under section
133 of the Representation of People Act, 1951. The
same reads as under:
"Penalty for illegal hiring or procuring
of conveyance at elections.--If any person is
guilty of any such corrupt practice as is
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specified in clause (5) of section 123 at or in
connection with an election, he shall be
punishable with imprisonment which may
extend to three months and with fine."
The above penal provision in turn refers to a
corrupt practice as is specified inter alia in clause 5
of section 123 at or in connection with an election.
Section 123 deals with certain acts as corrupt
practices. Sub-section(5) specifies one of them,
with the following text:
"(5) The hiring or procuring, whether on payment
or otherwise, of any vehicle or vessel by a
candidate or his agent or by any other person
[with the consent of a candidate or his election
agent] [or the use of such vehicle or vessel for the
free conveyance] of any elector (other than the
candidate himself the members of his family or his
agent) to or from any polling station provided
under section 25 or a place fixed under sub-
section (1) of section 29 for the poll"
Employing the vehicle or vessel as contemplated in
the above provision, is a sine qua non for the
invocation of section 133. It is nobody's case that
something of the kind exists in the allegations
leveled against the person concerned and more
particularly, the petitioner herein. In the absence
of ingredients as specified in section 123(5),one
would be miles away from the precincts of section
133of 1951 Act.
In the above circumstances, this petition
succeeds. The proceedings in Crime No.52/2023 of
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Nipani Town Police Station, now pending in
CC No.2990/2023 on the file of learned JMFC,
Nipani, for the offences punishable under sections
120(1) & 133 of Representation of People Act,
1951 and also for the offence punishable under
Section 171(E) of IPC, 1860 are hereby quashed.
Petitioner is set free of the subject case."
4. In the light of the order passed by the
Co-ordinate Bench of this Court (supra) and for the reasons
aforementioned, the following:
ORDER
i) The Criminal Petition is allowed.
ii) The proceedings in C.C.No.2990/2023
pending on the file of the Additional Civil
Judge and J.M.F.C., Court, Nipani, qua the
petitioner, stand quashed.
Sd/-
(M.NAGAPRASANNA)
JUDGE
KG
