Karnataka High Court
Smt. Shashikala W/O Annasaheb Jolle vs The State Of Karnataka on 7 November, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:45269
CRL.P No. 4868 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 4868 OF 2023
BETWEEN:
SMT. SHASHIKALA W/O ANNASAHEB JOLLE
AGE: 53 YEARS,
OCC: MEMBER OF LEGISLATIVE ASSEMBLY,
R/O NIPANNI, TQ: NIPANNI
DIST.: BELAGAVI - 591237
...PETITIONER
(BY SRI. SHIVARAJ S. BALLOLI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH NIPANNI TOWN POLICE STATION,
REP. BY THE STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH,
DHARWAD-580001
Digitally signed
by NAGAVENI
2. SHRI. JAGDISH
Location: HIGH
COURT OF S/O BABU HULGEJJI
KARNATAKA AGE: 44 YEARS
OCC: MUNICIPAL COMMISSIONER
NIPPANI, FLYING SQUAD OFFICE, NIPPANI
R/O NIPPANI, TQ.: NIPPANI
DIST.: BELAGAVI - 591 237
...RESPONDENTS
(BY SRI. B. N. JAGADEESHA, ADDL. SPP)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
PRAYING TO QUASH THE ENTIRE PROCEEDINGS INITIATED IN
CRIME NO. 35/2023, FOR THE COMMISSION OF OF THE ALLEGED
OFFENCE PUNISHABLE U/SEC. 171E AND 34 OF THE INDIAN PENAL
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CRL.P No. 4868 of 2023
CODE, 1860 OF NIPPANI TOWN POLICE STATION, NIPPANI IN SO
FAR AS THE PETITIONER/ ACCUSED NO.2 IS CONCERNED.
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 is before this Court calling in question the
registration of a crime in Crime No.35/2023 registered for
offence punishable under Section 171E read with Section 34 of
the IPC.
2. Heard the learned counsel Sri.Shivaraj S. Balloli,
appearing for the petitioner and the learned Additional State
Public Prosecutor Sri.B.N.Jagadeesha, appearing for the
respondents.
3. Respondent No.2 is the complainant. A complaint
comes to be registered for offence punishable under Section
171E of the IPC in Crime No.35/2023 for the reason that the
petitioner during the elections had arranged a lunch for several
members, who according to the flying squad were voters and it
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would amount to ingredients of Section 171E of the IPC.
Registration of the crime is what has driven the petitioner to
this Court in the subject petition.
4. Learned counsel appearing for the petitioner
submits that they were not the voters nor there is any
allegation of bribery during the lunch that was allegedly
arranged by the petitioner. He would submit that arranging of
lunch during the period of elections would not to amount to an
offence is the law laid down by the co-ordinate Bench of this
Court in the case of Devaraja Shetty and another vs. The
State of Karnataka and another1.
5. Per contra, the learned Additional State Public
Prosecutor would submit that the matter is at the stage of
investigation and the allegations in the complaint is met as it is
the flying squat who found that arrangement of lunch without
permission on the said date when the complaint comes to be
registered. He would submit that the investigation be
permitted to be continued and the petitioner be left with the
W.P.Nos.33839-33840/2017 DD.11.09.2017
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remedies available in law, in the event the investigation would
go against the petitioner.
6. I have given my anxious consideration to the
contentions of respective learned counsel and have perused the
material on record.
7. The afore-narrated facts are not in dispute. The
entire issue has triggered from the complaint so registered by
respondent No.2. The complaint reads as follows:
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NC: 2024:KHC:45269
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NC: 2024:KHC:45269
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8. The crux of the complaint is the arrangement of
lunch by the petitioner on 29.03.2023 and playing a song in the
lunch. This according to the flying squad would amount to an
offence under Section 171E of the IPC and therefore, the crime
is registered in Crime No.35/2023. The issue is whether
arrangement of lunch on a particular day during the elections
and playing of song as is alleged would amount to the
ingredient of Section 171E of the IPC.
9. For an act to become an offence under Section
171E of the IPC, the ingredients that are depicted in Section
171B of the IPC is necessarily to be present. Section 171B of
the IPC reads as follows:
"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
NC: 2024:KHC:45269
such right or for inducing or attempting to induce any
other person to exercise any such right, commits the
offence of bribery:
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."
Section 171B deals with bribery during the election. The
provision is unequivocal. There is nothing left to be
ambiguous. Such acts of arranging lunch or playing song in a
gathering during the election would not come within the
definition of bribery, as could be seen under Section 171B of
the IPC.
10. The view of mine in this regard is fortified by the
judgment rendered by the co-ordinate Bench of this Court
(supra), which reads as follows:
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"6. Having heard the learned counsel appearing
for the parties and on perusal of records in general and
complaint lodged by respondent No.2 in particular it
would disclose that complainant had alleged that he was
on election duty of Vidhanasabha Election 2013 and on
31.01.2013, he found that accused No.1 had arranged
non-vegetarian food for about 50 to 100 persons being
prepared at the car shed of the residence of accused
No.1. On enquiry, he came to know that same had been
prepared at the instance of accused No.2. As such
utensils found there came to be seized. On this ground,
complaint came to be lodged by respondent No.2
alleging that petitioners have committed offence under
Section 171E. Section 171E of IPC reads as under;
"Whoever commits the offence of bribery shall be
punished with imprisonment of either 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.
Explanation- "Treating" means that form of
bribery where the gratification consists in food,
drink, entertainment, or provision."
Bribery as indicated above is defined under
Section 171 B of IPC and it reads as under;
"Bribery - (1) Whoever-
i) give a gratification to any persons 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
himself or exercising any such right or for
inducing or attempting to induce any other
person to exercise any such right;
commits the offence of bribery:
NC: 2024:KHC:45269
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.
7. Keeping the definition referred to hereinabove
and complaint lodged by respondent No.2 with
respondent No.1 is examined, it does not remotely
suggest that ingredients of Section 171E is attracted.
The complaint as well as seizure/panchanama does not
disclose about food having been prepared and kept
ready for distribution as alleged. That apart, incident to
attract Section 171E, it should satisfy the definition of
Section-171B i.e. there should be bribery namely, offer
or attempt to give gratification. Averments or
allegations made in the complaint do not remotely
suggest that persons who are supposed to vote had
assembled at the venue for receiving the food (which is
alleged as bribery by prosecution). Arrangements for
preparation of non- vegetarian food by itself would not
attract the definition of "bribery" as defined under
Section 171B. That apart, no food was seized and
alleged preparation of non-vegetarian food was at
11.45 AM, yet complaint was lodged at 7.45 PM
belatedly.
8. In that view of the matter, petitioner is
justified in contending that even if allegations made in
the complaint remain uncontroverted, no offence under
Section 171E can be made out. Hence, this Court if of
considered view that continuation of proceedings
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against petitioners would be an abuse of process of law
and it would not serve any fruitful purpose.
11. In that light and for the aforesaid reasons, the
following:
ORDER
i) The petition is allowed; and
ii) The FIR in Crime No.35/2023 registered
by Nippani Town Police Station, Nippani,
pending on the file of the Additional Civil
Judge (Sr. Dn.) and C.J.M., Court,
Nippani, Belgaum District, qua the
petitioner, stands quashed.
Sd/-
(M.NAGAPRASANNA)
JUDGE
KG
