Karnataka High Court
Shrikant @ Appanna vs The State Of Karnataka on 27 January, 2026
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NC: 2026:KHC-K:565
CRL.P No. 200104 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 27TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE RAJESH RAI K
CRIMINAL PETITION NO. 200104 OF 2026
(482(Cr.PC)/528(BNSS)
BETWEEN:
1. SHRIKANT @ APPANNA S/O. CHANDRASHEKHAR
AGE 37 YEARS, OCC. BUSINESS
R/O ASAR MOHALLA CHITTAPUR
TALUK CHITTAPUR, DIST KALABURAGI.
2. NEELAKANTH S/O. YASHAVANTRAO PATIL
AGE 37 YEARS, OCC. POLITICIAN
R/O BANKUR VILLAGE, TALUK SHAHABAD
DIST. KALABURAGI.
...PETITIONERS
(BY SRI KIRAN KUMAR B. KALUR,
SRI ASHWATH RATHOD.,ADVOCATES)
Digitally signed
by SHIVALEELA AND:
DATTATRAYA
UDAGI THE STATE OF KARNATAKA
Location: HIGH REPRESENTED BY ADDL SPP
COURT OF HIGH COURT OF KARNATAKA
KARNATAKA KALABURAGI BENCH
(THROUGH CHITTAPUR PS
DIST KALABURAGI)
...RESPONDENT
(BY SRI GOPAL KRISHNA B. YADAV, HCGP)
THIS CRL.P IS FILED U/S. 528 OF BNSS (NEW), PRAYING
TO QUASH THE PROCEEDINGS IN CC. NO.84/2024 (CRIME
NO.57/2023) REGISTERED BY RESPONDENT POLICE
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NC: 2026:KHC-K:565
CRL.P No. 200104 of 2026
HC-KAR
/CHITTAPUR PS FOR THE OFFENCE P/U/S 171H OF IPC
PENDING ON THE FILE OF LEARNED CIVIL JUDGE & JMFC Court
CHITTAPUR, DISTRICT KALABURAGI INSOFAR AS PETITIONER
IS CONCERNED.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAJESH RAI K
ORAL ORDER
This petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred as 'BNSS') for quashing the proceedings against the petitioner/accused Nos.2 and 3 in C.C.No.84/2024, arising out of P.C No.10/2023 which was registered in Crime No.57/2023 by Chittapur Police, for the offence punishable under Section 171(H) r/w Section 34 of IPC, pending on the file of Civil Judge and JMFC, at Chittapur (for brevity, 'Trial Court')
2. Heard learned counsel for the petitioners and the learned HCGP for the respondent - State.
3. The case of the prosecution before the Trial Court is that, one Sreeshailappa M. Bonal, who said to be Flying Squad 3/1 of Chittapur filed a first information report before the respondent-Police and subsequently, he has obtained the -3- NC: 2026:KHC-K:565 CRL.P No. 200104 of 2026 HC-KAR permission from the learned Magistrate and registered a FIR for the offence punishable under Section 171(H) of IPC alleging that, on 05.05.2023 at about 01.30 a.m., when they conducted raid on Sri Basava Lodge and Mayura Lodge, came to know that the accused No.1 being a candidate along with these petitioners reserved 20 rooms for accommodating 40 drivers and engaging 43 vehicles for the purpose of election. Thereby the petitioners/accused Nos.2 and 3 have violated the model code conduct of Election Commission of India. After receiving the FIR, the Police investigated the matter and filed the charge sheet against these petitioner and another by arraying these petitioners as accused Nos.2 and 3. Being aggrieved by the same, the petitioners/accused Nos.2 and 3 are before this Court.
4. Learned counsel for the petitioners strenuously contended that, on perusal of Section 171(H) of IPC, it is not attract against the petitioners, who are the contesting candidates in BJP political party. The offence attracts only against other accused and he reserved the rooms and engaged the vehicles for the purpose of election without the permission or authorization of the candidate either general or special. -4-
NC: 2026:KHC-K:565 CRL.P No. 200104 of 2026 HC-KAR Therefore, these contesting candidates cannot be liable to prosecute the case. Therefore, prayed for quashing the same.
5. Per contra, the learned HCGP objected the petition.
6. Heard the arguments and perused the records. On perusal of the records, it reveals that, on the credible information, the Flying Squad 3/1 and his staff were visited 05 lodges in Chittapur Taluka. Out of 05 lodges, in 02 lodges i.e., Basava Lodge and Mayura Lodge, they have found that 20 rooms were reserved for accommodating 40 drivers and they said to be engaged 43 vehicles. The same was violation of the model conduct of election commission of India. Thereby, the present petitioners arrayed as accused Nos.2 and 3 in the chargesheet.
7. On careful reading of the very FIR and charge- sheet, wherein it is stated that, the very petitioners themselves contested the assembly election in 2023.
8. It is worth to refer Section 171 (H) of IPC, which reads as under:-
"171H. Illegal payments in connection with an election:- Whoever without the general or -5- NC: 2026:KHC-K:565 CRL.P No. 200104 of 2026 HC-KAR 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 candidate, shall be punished with fine which may extend to five hundred rupees:
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."
9. On careful reading of the said provision, it reveals that, if any person spent any money without authorization of the candidate either general or special authority, then only the offence will be attracted against the other accused persons, but not as against the very contesting candidate in the election.
10. Of course as per the submission of learned HCGP one Mahaveer Jain said to be paid the money to the Lodge as well as petrol bunk. Though, these petitioners also named as accused in the charge-sheet, but, in respect of Section 171(H) the candidates cannot be made an accused, whereas other persons can be made as accused, if they incurs money without general or special authority of the candidate who contesting the -6- NC: 2026:KHC-K:565 CRL.P No. 200104 of 2026 HC-KAR election. Admittedly, these petitioners neither contested the election nor reserved 20 rooms for accommodating 40 drivers and engaging 43 vehicles for the purpose of election. The allegation is that accused No.1 contested the election. The co- ordinate bench of this Court in Crl.Pet.No.200450/2025 dated 04.04.2024 quashed the proceedings against the accused No.1.
11. Considering the facts and circumstances of the case, this Court is of the view on the same counting, the proceedings against these petitioners - accused Nos.2 and 3 who are the contesting candidates is nothing but an abuse of process of law and the same is liable to be quashed. Accordingly, this Court proceeds to pass the following;
ORDER
i) The Criminal Petition is allowed.
ii) The criminal proceedings in C.C.No.84/2024 against these petitioners/accused Nos.2 and 3, pending on the file of Civil Judge and JMFC at Chittapur, arising out of Crime No.57/2023, for the offence -7- NC: 2026:KHC-K:565 CRL.P No. 200104 of 2026 HC-KAR punishable under Section 171(H) of IPC, is hereby quashed.
Sd/-
(RAJESH RAI K) JUDGE THM List No.: 1 Sl No.: 1