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Karnataka High Court
Mohammadyunus Abdulgaffar Bhavikatti vs The State Of Karnataka on 25 March, 2026
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2026:KHC-D:4692
CRL.P No. 102985 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 25TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
CRIMINAL PETITION NO.102985 OF 2025
(482 OF Cr.PC/528 OF BNSS)
BETWEEN:
MOHAMMADYUNUS ABDULGAFFAR BHAVIKATTI,
AGE: 52 YEARS, OCC: BUSINESS,
R/O. PLOT NO.764-10/A
7TH CROSS, BHAGYA NAGAR,
BELAGAVI-590006.
...PETITIONER
(BY SRI A. S. SHAIK, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
REPRESENTED BY PUBLIC PROSECUTOR,
TILAKWADI P.S., BELAGAVI,
Digitally signed by AT: BELAGAVI-590001.
MALLIKARJUN
RUDRAYYA ...RESPONDENT
KALMATH
Location: High Court (BY SRI ABHISHEK MALIPATIL, HCGP)
of Karnataka,
Dharwad Bench
THIS CRIMINAL PETITION IS FILED U/S.482 OF THE CODE
OF CRIMINAL PROCEDURE, (U/S.528 OF BNSS, 2023) PRAYING
TO CALL FOR RECORDS IN C.C.NO.2096/2023 PENDING BEFORE
THE JMFC- IV COURT, BELAGAVI, AT BELAGAVI AND QUASH THE
ENTIRE PROCEEDINGS IN C.C.NO.2096/2023, CRIME NO.
43/2023, TILAKWADI POLICE STATION, BELAGAVI FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 171(B) AND 171(E)
OF IPC.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2026:KHC-D:4692
CRL.P No. 102985 of 2025
HC-KAR
CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
ORAL ORDER
The accused has preferred this petition under Section
482 of Cr.P.C. with the following prayer:
"i. Call for records in C.C.No.2096/2023
pending before the JMFC IV Court, Belagavi, at
Belagavi and quash the entire proceedings in
C.C.No.2096/2023, Crime No.43/2023, Tilakwadi
Police Station, Belagavi for the offences
punishable U/s 171(B) and 171(E) of IPC.
ii. Pass any such order that this
Hon'ble Court deems fit in the interest of justice
and equity."
2. It is the brief case of the prosecution that there
was election process in the month of May' 2023 and before
that there was Code of Conduct in force and the
complainant found that the brother of the accused was
distributing 37 ration kits by loading it in Bolero Jeep with a
board 'Ramzan Mubarak with best compliments from Shri.
Mohammed Yunus Bhavikatti' and upon enquiring the
brother of accused whether any permission was obtained,
the brother of accused stated that no permission was
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obtained. Therefore, crime is registered with accusation
that when Code of Conduct was in force the petitioner was
distributing ration kits. Accordingly, crime came to be
registered as above stated.
3. Heard Sri.A.S.Shaik, learned counsel appearing
for the petitioner/accused and Sri. Abishek Malipatil, learned
HCGP appearing for the respondent/State.
4. The learned counsel for the petitioner submitted
that the petitioner had come with 37 ration kits to distribute
it among the poor people on the eve of Ramzan festival,
which was from 22.03.2023 to 21.04.2023. Incidentally,
the election Code of Conduct was also in force and there
was eve of Ramzan festival. Therefore, the petitioner was
in the process of distributing the ration kits for festival
purpose as it is practice in the community during the said
festival. Therefore, submitted that the distribution of ration
kits was on the eve of festival for religious purpose, but not
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in connection with any election. Therefore, prays to quash
the proceedings.
5. Upon considering the arguments and charge
sheet materials, the place of occurrence is in front of house
of the petitioner. In front of house of the petitioner, the
petitioner had loaded 37 ration kits in a Bolero Jeep.
Admittedly, on 17.04.2023 when the rations kits were
seized there was Ramzan festival from 22.03.2023 to
21.04.2023, as well as there was election Code of Conduct
in force since there was election in the month of May' 2023.
During this period, the 37 ration kits were seized by the
Officials of Election Returning Officers.
6. Considering these factors, the Court has posed a
question to the learned HCGP that whether there is any
material prima facie to show that there is an investigation
regarding distribution of these kits is linking with election
purpose. There should have been confession by the
petitioner during investigation that distribution of kits is on
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HC-KAR
behalf of candidate who is contesting election, but there is
no such confession or statement by the petitioner and is not
part of charge sheet. Even during the course of spot
panchanama and seizure panchanama nothing prima facie
material to show that distribution of kits is beneficial to the
candidate, who is contesting election. But admittedly there
is no such material collected by the Investigating Officer.
7. Admittedly, when the distribution of kits is in the
month of Ramzan and also Code of Conduct was in force,
there ought to have been some material prima facie to
show that the distribution of kits is being made for
supporting the candidate who is contesting in election, but
that is not done during the investigation and also there is
no material in the charge sheet. Therefore, the prosecution
has got mistaken impression that distribution of ration kits
is for the benefit of a candidate who is contesting in any
election, but that is not found in the charge sheet materials.
No doubt the Bolero Jeep was loaded with 37 ration kits and
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according to the petitioner it was meant for distribution for
poor people during Ramzan festival and it is a practice in
their community to give donations during the festival.
Therefore, considering these facts and circumstances just
because during Ramzan festival the ration kits were seized
that would not amount to distribution for election purpose.
The Investigating Officer has not collected any material that
the ration kits were being used for election purpose. Atleast
Investigating Officer should have collected some material by
way of statement or confession by the accused or during
the course of seizure panchanama or spot panchanama or
in any event a statement should have been recorded, but
this element is not found in the charge sheet. Therefore,
initiation of criminal case against the petitioner is abuse of
process of court. Hence, the proceedings against the
petitioner is to be quashed.
8. Hence, I proceed to pass the following:
ORDER
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HC-KAR
(i) The petition is allowed.
(ii) The proceedings against petitioner/accused
registered for the offences punishable under
Section 171(B) and 171(E) of IPC in Crime
No.43/2023 by Tilakwadi Police Station,
Belagavi, pending in C.C.No.2096/2023 before
the JMFC IV Court, Belagavi, is hereby quashed.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
DR /CT-AN
List No.: 2 Sl No.: 59
