Bangalore District Court
State By Honnali Police Station vs Renukacharya M.P on 29 June, 2022
1 CC.No.30760/2021
IN THE COURT OF XLII ADDL. CHIEF METROPOLITAN
MAGISTRATE, BENGALURU.
Dated this the 29th day of June, 2022.
:Present:
Smt. PREETH. J., B.A.L., LLB.,
XLII Addl.CMM Judge,
(Spl. Court for trial of cases filed against sitting as
well as former MPs/MLAs,
triable by Magistrate in the State of Karnataka)
[
CC.No.30760/2021.
(Old.Spl.CC.No.803/2020)
Complainant: State by Honnali Police Station,
Honnali Circle, Davanagere District.
(By Lrd. Sr.A.P.P.,)
Vs.
Accused: 01. Renukacharya M.P., Ex-Minister,
S/o. Panchksharaiah, 55 Years,
R/o.Nyamathi Road, Hirekalmatha,
Honnali Town, Davanagere.
02. Rangappa K.L.,
S/o. Lakshmappa, 55 Years,
Taluk Panchayath Member,
R/o. Kulagatte Village,
Honnali Taluk, Davanagere.
03. Mahanthesha M.R.,
S/o.Ramappa, 46 Years,
R/o. Kulagatte Village,
Honnali Taluk, Davanagere.
2 CC.No.30760/2021
04. Praveena,
S/o.Rajashekarajppa, 26 Years,
R/o.Masuru Village, Hirekeruru
Taluk, Havri.
05. Nagaraja,
S/o.Murthyappa, 40 Years,
R/o.Arakere Village,
Honnali Taluk, Davanagere.
06. Balekalyi Naganna,
S/o.Channabasappa, 45 Years,
R/o.Kyasinakere Village,
Honnali Taluk, Davanagere.
07. Basavarajappa,
S/o.Hanumanthappa, 42 Years,
R/o. Kulagatte Village,
Honnali Taluk, Davanagere.
08. Sanjeeva,
S/o.Rangappa M.H., 29 Years,
R/o. Kulagatte Village,
Honnali Taluk, Davanagere.
09. Santhosh,
S/o.Vishwanatha Shetty, 42 Years,
Owner of Prakash Bus,
R/o.Gadikoppa, Shivamogga City,
Shivamogga.
10. Narasimhappa,
S/o.Lokappa, 32 Years,
R/o. Sasvehalli Village,
Honnali Taluk, Davanagere.
11. Nagappa,
S/o.Kariyappa, 60 Years,
R/o. Kulagatte Village,
Honnali Taluk, Davanagere.
3 CC.No.30760/2021
12. Prabhu,
S/o.Hanchike Haladappa,
34 Years, R/o.Bambu Bazar,
Honnali Town, Davanagere.
13. Basavaraj,
S/o.Somashekarappa,
32 Years, R/o.Kulagatte Village,
Honnali Taluk, Davanagere.
14. Channappa,
S/o.Hanumappa Chowdike,
50 Years, R/o.Maarikoppa Village,
Honnali Taluk, Davanagere.
15. Ramachandrappa,
S/o.Arabagatte Hanumanthappa,
46 Years, R/o.Lingapur Village,
Honnali Town, Davanagere.
16. Thippeshappa H.,
S/o.Honnurappa, 40 Years,
R/o. Kunduru Village,
Honnali Taluk, Davanagere.
(By Sri.KSS., & Sri.KGS., Advocates)
1. Date of commission of offence : 10.04.2018.
2. Date of report of offence : 10.04.2018.
3. Arrest of accused : Not applicable.
a) Date of arrest of accused : Not applicable.
b) Date of release on bail : 13.01.2021.
c) The period undergone in custody : Not applicable.
4. The name of the complainant : Rajiv G.E.,
5. The date of recording of evidence : 21.02.2022.
6. The date of closing of evidence : 23.05.2022.
4 CC.No.30760/2021
7. Offences complained of : U/s.171(E) of IPC.
8. Opinion of the Judge : Accused found not guilty.[
=============
J U D G M E N T[
01. That the Police Sub-Inspector of Honnali Police
Station, Honnali Circle, Davanagere District has filed charge
sheet against the accused No.01 to 16 for the offence
punishable under section 171(E) of IPC.
02. The case of the prosecution in brief is as follows:
On 10-04-2018 at about 12.15 p.m., at Upparakeri and
K.K.Road situated in Kulagatee Village coming with the
Jurisdiction of Honnali Police Station, accused No.01 being the
Potential Candidate of BJP for 110 - Honnali Vidhanasabha
Constituency and the accused No.02 to 16 being his party
workers, where collecting fist full of rice from the people of the
constituency by going from one house to another under "Mushti
Akki Abhiyana" without having any permission from the
concerned authority to conduct the said "Abhiyana" and thus,
accused No.01 to 16 have violated the Election Code of
Conduct and thereby committed the offence punishable under
section 171(E) of IPC.
5 CC.No.30760/2021
03. On the basis of the complaint of CW-01, the case has
been registered under Cr.No.184/2018 against the accused
No.01 to 16 for the offence punishable under section 171(E) of
IPC. Thereafter, on completion of the investigation, charge sheet
has been filed against the accused No.01 to 16. On receipt of
charge sheet, the court took cognizance of the said offence.
04. On appearance of the accused No.01 to 16, they were
enlarged on bail. The copies of the prosecution papers were
furnished to the accused persons as contemplated under
section 207 of Cr.P.C. Thereafter, the substance of accusation
was read over and explained in the language known to them for
the offence punishable under section 171(E) of IPC. They have
not pleaded guilty and claimed to be tried. Hence, the matter
was posted for evidence.
05. In order to bring home the guilt of the accused
persons, the prosecution has examined all the Sixteen
Witnesses as PW-01 to 16 and got marked 13 documents as
Ex.P.01 to Ex.P.13. After closure of the prosecution evidence,
the accused No.01 to 13 were examined under section 313 of
6 CC.No.30760/2021
Cr.P.C., so as to enable them to answer the incriminating
circumstances appearing in the evidence of the prosecution
witnesses. The accused No.01 to 13 have denied their
involvement in the crime and did not choose to lead any defence
evidence on their behalf.
06. I have heard the arguments addressed by the learned
Sr. Assistant Public Prosecutor and the learned counsel for the
accused.
07. The following points arise for my consideration:-
1. Whether the prosecution proves beyond all
reasonable doubt that on 10-04-2018 at about
12.15 p.m., at Upparakeri and K.K.Road situated
in Kulagatee Village coming with the Jurisdiction
of Honnali Police Station, the accused No.01
being the Potential Candidate of BJP for 110 -
Honnali Vidhanasabha Constituency and the
accused No.02 to 16 being his party workers,
where collecting fist full of rice from the people of
the constituency by going from one house to
another under Mushti Akki Abhiyana without
having any permission from the concerned
authority to conduct the said Abhiyana and thus,
the accused No.01 to 16 have violated the
Election Code of Conduct and thereby committed
the offences punishable under section 171(E) of
IPC ?
2. What Order?
7 CC.No.30760/2021
08. The findings of this court on the above points are:
Point No.1 : In the Negative,
Point No.2 : As per final order for the following:
REASONS
09. Point No.1: The criminal law was set into motion on
the basis of first information given by CW-1-Rajiv G.E. Ex.P.02 is
the first information given by him in which he has narrated about
the alleged incident. CW-1 is examined as PW-1 and in his
evidence he has deposed that CW-10 informed him that the
accused are conducting campaign under "Mushti Akki Abhiyana"
at Uppara Beedi and K.K.Road of Kulagatte Village. Accordingly,
he along with his team went to the spot at about 12.15 p.m., and
found nearly 10 to 15 people at the spot and they were visiting
houses. He has deposed that he informed them not to do such
campaigns as the Election Code of Conduct is in force, but the
accused did not heed to his request. On the other hand, they
have told that they are having the permission and they moved to
some other place. He has deposed that he later esquired with
CW-8 and he showed his the photos clicked by him and the
8 CC.No.30760/2021
Video Surveillance Team has also recorded the video at the
spot. He has further deposed that he drew the mahazar at the
spot in the presence of the panchas CW-2 and 3 and then went
back to the Police Station that lodged a complaint. He has
deposed that he has given the name of the followers of the
accused No.01 in his further statement. He has deposed that
the photos taken by 8 and the video recorded by the VST is
being downloaded to a C.D and handover to him by the VST
and the said C.D is handed over to the SHO. The mahazar and
the complaint is marked as Ex.P.01 and 02 and the C.D is
marked as Ex.P.03 subject to objection as the certificate under
section 65-B of the Evidence Act is not produced by the I.O.
10. In the cross-examination of the PW-1, he has deposed
that no one was handing over rice to the accused No.01 to 19
nor the accused persons were in possession of any bags. He
has deposed that he just told accused No.01 that they should
not indulge in such kind of campaign. He has deposed that he
has not seen CW-8 taking photos nor has he seen CW-9 who is
from Video Surveillance Team recording the video of the
alleged campaign.
9 CC.No.30760/2021
11. From the evidence of PW-1, both in the chief as well
as the cross - examination, nothing is forthcoming with regard to
the alleged act of the accused No.01 to 16 as projected by th
prosecution. In the complaint which is marked as Ex.P.02. PW-1
has stated that when he reached the spot, he saw 10 to 15 party
workers of accused No.01 collecting fist full of rice by going from
one house to another at Upparbeedi and K.K.Road of Kulagatte
Village. But, when it came to chief - examination, he has
deposed that he saw 10 to 15 people in the spot visiting houses
in that locality, so he requested them not to do any campaign as
the Election Code of Conduct is in force. When, it came to the
cross - examination, he has deposed that no one was giving
rice to the hands of the accused persons nor the accused
persons hand bags in their hands. The very contradiction in the
oral and documentary evidence of PW-1 touches the root of the
prosecution case, whereupon the prosecution has failed to
prove the guilt of the accused persons as projected by the
prosecution.
12. The prosecution has also examined CW-02 and 03
who are said to be the spot mahazar witnesses, as PW-02 and
10 CC.No.30760/2021
03. The spot mahazar is marked as Ex.P.1. In their chief -
examination, they have deposed that the police have informed
them that the accused persons are conducting fist-rice
campaign at Upparabeedhi and K.K Road of Kulgatte Village
and they were called to the said spot. They have deposed that
the accused No.01 and CW-08 were talking to each other and
later, the police prepared one document. And later, they were
called to the Police Station and asked to sign on the said
document. They have deposed that they have not given any
statement before the police. They have identified their signature
in Ex.P.1.
13. At the request of learned Sr. Assistant Public
Prosecutor, both PW-02 and PW-03 were treated as hostile and
permission was accorded to cross-examine them, but nothing
worthy has been elicited from their mouth to prove the case of
the prosecution in respect of Ex.P.1. Both the witnesses have
denied all the suggestions put to them by Lrd. Sr. APP.
14. CW-04 to 17 are cited as eye - witnesses in the charge
sheet. Amongst them evidence of CW-11 is dropped by this
11 CC.No.30760/2021
court, since, he is reported to be bedridden. And evidence of
CW-15 and 16 are dropped, since they are not secured inspite
of issuing process repeatedly. CW-04 to CW-10, CW-12 to 14
and CW-17 are examined as PW-04 to PW-12 and PW-14 and
PW-15. amongst these PW-04 to PW-08 are the Government
Employees.
15. PW-04 has deposed that on 10-04-2018 at 11.30
a.m., when they were patrolling at Haonnali Taluk, CW-01 who
was the head of their team received a information from CW-08
stating that the accused No.01 along with his party workers are
collecting rice by visiting the houses situated at Kulgatte Village
under the "Mushti Akki Abhiyana". Accordingly, all of them went
to the said spot at 12.15 p.m., they found all the accused
persons going from house to house and campaigning about the
election. He has deposed that the accused persons were
wearing shawl pertaining to BJP Party and were also holding
their Party Flags in their hands. And there is videographed
Video Surveillance Team. He has also deposed about drawing
of mahazar at the spot by CW-01 in the presence of the
panchas CW-02 and 03.
12 CC.No.30760/2021
16. In the cross - examination, he has deposed that the
accused persons were going from one house to another and
were campaigning for the upcoming elections, but he has not
seen any one of them giving or taking anything from the inmates
of those houses. Rest of the cross - examination done to this
witness is not discussed as the same is not touching the root of
this case.
17. PW-05 has deposed that based on the information
received by CW-01 from CW-08, they all went to Kulgatte
Village and saw the accused persons going from one house to
another in Upparbeedi K.K Road and collecting fist full of rice
from the inmates of those houses. He has also deposed about
video - graphy and photographic done at the spot and also
about CW-01 drawing the mahazar at the spot.
[[
18. In the cross - examination, he has deposed that the
accused persons were not holding any bags in their hands. He
has also admitted that he has not seen the accused persons
giving or receiving any rice. He has deposed that he singed
Ex.P.1 mahazar at the office of the Grama Panchayath and the
said mahazar is also prepared in the said office.
13 CC.No.30760/2021
19. In the chief - examination of PW-6, he has deposed
that based on the information received by CW-01 from CW-08,
they all went to Kulgatte Village and found the accused persons
Upparbeedi K.K Road and they enquired accused No.01, if they
have obtained any permission, for which the accused No.01
stated that since, it is State Level Programme, he will not obtain
any permission. He has also deposed about video - grapy and
photographic done at the spot and also about CW-1 drawing the
mahazar at the spot.
20. In the cross - examination, he has deposed that he
has not seen the accused persons giving or receiving any rice. It
is also admitted that all the accused persons are not found in
the photos. He has deposed that he singed Ex.P.1 mahazar in
the Police Station.
21. In the chief - examination of PW.07, he has deposed
that based on the information received by CW-01, they all went
to Kulgatte Village, but when they reached the spot, no one was
at the spot. And, he has deposed about the video and
photography and also about drawing of mahazar.
14 CC.No.30760/2021
22. At the request of Lrd. APP., he has treated as partly
hostile and permission was accorded to cross - examine him.
Even, in the cross - examination, he has not supported the case
of the prosecution.
23. PW-08 who is the P.D.O., of Kulgatte Village has
deposed in his chief - examination that on the alleged date and
time, he received a phone call from the General Public sitting
that the accused No.01 along with his Party Workers are
conducting "Mushti Akki Abhiyana" and are seeking votes with
the people of that Village. Immediately, he along with CW-02
and 3 who are the officials in his office, went to the spot they did
not find any one conducting "Mushti Akki Abhiyana" or seeking
votes with the people of that Village. But, he informed about the
information received by him and told the accused No.01 not to
conduct any campaign and left the spot. He has deposed that
some one from the public had called the E.O and informed that
he is not taking any action. For which, he showed the photos
taken by him and explained to the E.O., that no such campaign
had taken place at the spot.
15 CC.No.30760/2021
24. At the request of Lrd. APP., he has treated as partly
hostile and permission was accorded to cross - examine him.
Even, in the cross - examination, he has not supported the case
of the prosecution as projected by them.
25. The Photographer is examined as PW-09 and he has
deposed that Four Years back, one Santhosh of Nallor Village of
Chennagiri Taluk called him and gave his camera and sent him
to the place where election campaign to videograph the
campaign programme. He went to the spot and found the
accused No.01 and others campaign for the election. He
videographed the campaign and gave the camera back to
Santhosh. He has deposed that he has not gone to any office
and down loanded the video and put the same to a C.D.
26. At the request of Lrd. APP., he has treated as partly
hostile and permission was accorded to cross - examine him.
Even, in the cross - examination, he has not supported the case
of the prosecution as projected.
27. PW-10 is the driver for the Jeep which is used by the
Flying Squad Team and PW-11, 12, 14 and 15 are the private
16 CC.No.30760/2021
wintriness. PW-10 has deposed that on the alleged date, he
was the driver for the Jeep bearing Registration No. KA-17-G-
0536 and CW-01 was the Flying Squad Team Leader. On that
day, CW-01 informed him that some fight is going on in Kulgatte
Village, accordingly, he took the team members in the jeep to
Kulgatte Village and left all of them near the road and took the
jeep and parked the same faraway from the spot and he sat in
the jeep. He has deposed that he do not know anything about
the alleged incident.
28. PW-11, 12, 14 and 15 have deposed that they know
the accused No.1. They have deposed that they do not know, if
he has conducted any proramme in their Village. They have not
seen the accused persons conducting "Mushti Akki Abhiyana" in
their Village. They have not given any statement before the I.O.
29. At the request of Lrd. APP., PW-10 to 12, 14 and 15
were treated as hostler and permission was accorded to cross -
examine them. Even, in the cross - examination, they have not
supported the case of the prosecution as projected. Their
statements are marked as Ex.P 07 to 09, 11 and 12.
17 CC.No.30760/2021
30. The then Thashildar of Honnali Taluk is examined as
PW-13 and he has deposed that the I.O of this case had
requested him to furnish the information regarding the Flying
Squad Team and Video Surveillance Team and accordingly, on
06-06-2018, he has given him the information as per Ex.P.10.
The I.O is examined as PW-16 and he has deposed in the lines
of the investigation conducted by him and also filing of charge
sheet.
31. The very case of the prosecution is that the accused
No.01 along with accused No.02 to 16 were conducting "Mushti
Akki Abhiyana" at Upparbeedi and K.K Road of Kulgatte Village
on 10-04-2018 by visiting one house to another and was
collecting fist full of rice and was also campaigning for the up
coming election. None of the witnesses of the prosecution has
deposed about the accused persons conducting the said
Abhiyana or about the accused persons campaigning for the
election on behalf of their party or seeking votes in favour of the
accused No.01. Surprisingly, PW-01 who is the complainant
himself has deposed in the cross - examination that no one was
giving rice to the hands of the accused nor he has seen any
18 CC.No.30760/2021
bags in the hands of the accused persons. The prosecution has
failed to prove the very allegation made against the accused
persons. PW-04 has gone to the extent of deposing that the
accused persons were wearing shawl pertaining to their party
and also were holding flags of BJP Party. But, this is not at all
the case of the prosecution.
32. Even, the evidence of the prosecution witnesses is that
the accused have not distributed the rice, but, they were
conducting "Mushti Akki Abhiyana". Admittedly, in this campaign
fist full of rice or any rice will not be distributed, but fist full of
rice will only be collected from every house of the Village.
Section 171(E) speaks about punishment for Bribery and
section 171(B) says what is Bribery which reads as follows:
Section 171(B). 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
19 CC.No.30760/2021
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: 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 171(E) - Punishment for bribery.-
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".
20 CC.No.30760/2021
33. Now, the offence alleged against the accused persons
will not at all fit into the above section, because the very case of
the prosecution is that the accused were not distributing any
rice, but were collecting rice from the people and even the
same is not proved.
34. Now, coming to the legal aspects of the case, offence
under section 171(E) of IPC is concerned, admittedly, the said
offences are non - cognizable offence. As such, it is the
bounden duty of the Investigating Officer or the person who
receives the complaint to follow the mandatory provisions of
section 155 of Cr.P.C. When, the report is received by the
S.H.O. of the Police Station in respect of commission of non -
cognizable offence/s, the S.H.O. has to follow the mandatory
procedure prescribed under section 155(1) and 155(2) of
Cr.P.C. Therefore, it is necessary to refer the said provision
which is as hereunder:
"Section-155:- Information as to non - cognizable
cases and investigation of such cases:
(1) When information is given to an
officer in charge of a police station of the
commission within the limits of such station of
21 CC.No.30760/2021
a non - cognizable offence, he shall enter or
cause to be entered the substance of the information
in a book to be kept by such officer in such form as
the State Government may prescribe in this
behalf, and refer the informant to the Magistrate.
(2) No police officer shall investigate a
non - cognizable case without the order of a
Magistrate having power to try such case or commit
the case for trial.
(3) Any police officer receiving such
order may exercise the same powers in respect of
the investigation (except the power to arrest
without warrant) as an officer in charge of a
police station may exercise in a cognizable case.
(4) Where a case relates to two or more
offences of which at least one is cognizable, the
case shall be deemed to be a cognizable case,
notwithstanding that the other offences are non -
cognizable."
35. Therefore, when the S.H.O. of the Police Station
receives a report regarding commission of non - cognizable
offence/s, it is his duty to enter the substance of
the information in the prescribed book and refer the informant
to the Magistrate as required under section 155(1) of Cr.P.C.
Thereafter, the Jurisdictional Magistrate is required to pass an
22 CC.No.30760/2021
order permitting the Police Officer to investigate the case as
mandated by the provisions of section 155(2) of Cr.P.C., stated
supra. Unless, the Police Officer is permitted by an order of the
Jurisdictional Magistrate to investigate the non - cognizable
offence/s, the Police Officer does not get jurisdiction to
investigate the matter and file a final report or the charge
sheet. In the case on hand, the said procedure is not followed.
As such, for lack of oral and documentary evidence and also for
non-compliance of procedural aspects, the accused No.01 to
16 cannot be convicted for the alleged offence under section
171(E) of IPC. Based on the discussions made above, the
Point No.1 is answered in the NEGATIVE.
36. Point No.2:- In view of my findings on the above Point
No.1, the accused are entitled to be acquitted by giving benefit
of doubt and also for procedural lapses. Hence I proceed to
pass the following:
ORDER
Acting under section 255(1) of Cr.P.C., the accused No.01 to 16 are acquitted for the offence punishable under section 171(E) of IPC.
23 CC.No.30760/2021The bail bond and surety bond of the accused No.01 to 16 shall stand cancelled.
(Typed by me directly on the computer, corrected and then pronounced by th me in open court on this the 29 day of June - 2022).
(Preeth. J) XLII Addl. CMM (Special Court for trial of cases filed against sitting as well as former MPs/MLAs, triable by Magistrate in the State of Karnataka) ANNEXURES Witnesses examined for the Prosecution:
PW.01 : Rajiv G.E.,
PW.02 : Honappa,
PW.03 : Manjunatha,
PW.04 : Revana Siddana Gouda,
PW.05 : Ravi H.B.,
PW.06 : Doddabasavaraja,
PW.07 : Basavaraja Banakara,
PW.08 : Bharathi,
PW.09 : Santhosh,
PW.10 : Nagaraja,
PW.11 : Manjappa,
PW.12 : Nuggihalli Chandrappa,
PW.13 : Thushar B Hosur,
PW.14 : Dharmeshappa,
PW.15 : Nuggihall Anjinappa,
PW.16 : Nagayya C. Kadadevar.
24 CC.No.30760/2021
Documents exhibited for the Prosecution:
Ex.P.01 : Spot Seizure Panchanama, Ex.P.01(a) : Sig. of PW.01, Ex.P.01(b) : Sig. of PW.02, Ex.P.01(c) : Sig. of PW.03, Ex.P.01(d) : Sig. of PW.04, Ex.P.01(e) : Sig. of PW.05, Ex.P.01(f) : Sig. of PW.06, Ex.P.01(g) : Sig. of PW.07, Ex.P.01(h) : Sig. of PW.08, Ex.P.02 : Complaint, Ex.P.02(a) : Sig. of PW.01, Ex.P.03 : C.D., Ex.P.04 : St. of PW.07, Ex.P.05 : St. of PW.08, Ex.P.06 : St. of PW.09, Ex.P.07 : St. of PW.10, Ex.P.08 : St. of PW.11, Ex.P.09 : St. of PW.12, Ex.P.10 : Letter dated:06.06.2018, Ex.P.11 : St. of PW.14, Ex.P.12 : St. of PW.15, Ex.P.13 : FIR, Ex.P.13(a) : Sig. of PW.16.
Witnesses examined for the defence Accused:
- NIL -
Documents exhibited for the defence Accused:-
- NIL -
(Preeth. J) XLII Addl. CMM (Special Court for trial of cases against sitting as well as former MPs/MLAs, triable by Magistrate in the State of Karnataka) 25 CC.No.30760/2021