- 1 - HC-KAR NC: 2026:KHC:41847 CRL.P No. 7536 of 2024 CNR: KAHC010439052024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 7536 OF 2024 BETWEEN: 1. SRI. MAHESH TENGINKAI S/O. CHANNAVEERAPPA, AGED ABOUT 54 YEARS, R/A. 9, BASAVESHWARA NAGAR, NEAR GOVERNMENT SCHOOL, GOKUL ROAD, HUBLI, KARNATAKA - 580 030. 2. SRI. PRAVEEN ALIAS GADIGEPPA HURALI AGED ABOUT 34 YEARS, S/O TANAJI, NO. 24/B, UDAY NAGAR, Digitally signed by BENGERI, KESWAPUR, PADMAVATHI HUBLI, DHARWAD - 580 023. B K Location: High Court of 3. SRI. YALLAPPA NAVALUR Karnataka S/O BASAVANNAPPA AGED ABOUT 67 YEARS, RESIDING AT, 162, KUMBAR ONI, NEAR MARUTI TEMPLE, KESWAPUR, HUBLI, DHARWAD - 580 023. …PETITIONERS (BY SRI. VIVEK REDDY, SR. ADVOCATE FOR SRI. K.N. SUBBA REDDY, ADVOCATE) - 2 - HC-KAR NC: 2026:KHC:41847 CRL.P No. 7536 of 2024 CNR: KAHC010439052024 AND: 1. STATE OF KARNATAKA REPRESENTED BY KESHWAPURA POLICE STATION, HUBBALI NORTH SUB DIVISION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. 2. SRI. CHANAPPAGOUDA, S/O. KEMPEGOUDA, AGED ABOUT 56 YEARS, GOVERNMENT OFFICIAL, BEO OFFICE, GHANTIKERI, HUBBALI, DHARWAD - 580 030. …RESPONDENTS (BY SRI. ANOOP KUMAR, ADDL. SPP FOR R1; R2 - SERVED) THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO ALLOW THIS PETITION AND QUASH THE IMPUGNED CHARGE SHEET WHICH CAME TO BE REGISTERED IN

C.C.NO.23346/2023 FOR THE OFFENCE P/U/S 341, AND 171F R/W SEC.34 OF IPC ON THE FILE OF THE LEARNED 42ND A.C.M.M BENGALURU BY KESHAVAPURA P.S. HUBLI IN CR.NO.50/2023 VIDE ANNEXURE A TO C. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:41847 CRL.P No. 7536 of 2024 CNR: KAHC010439052024 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners - accused Nos.1 to 3 are at the doors of this Court calling in question the proceedings in C.C.No.23346/2023 registered for offences punishable under Sections 341, 171F read with Section 34 of the Indian Penal Code, 1860 ('the IPC' for short). 2. Heard Sri. Vivek Reddy, learned Senior counsel for Sri. K.N. Subba Reddy, learned counsel appearing for the petitioners and Sri. Anoop Kumar, learned Additional State Public Prosecutor appearing for respondent No.1. 3. Facts adumbrated are as follows: The events date back to the period of the Karnataka Legislative Assembly Elections, 2023. It transpires that the petitioners along with others, formed a group and put a garland over the statue of Basaveshwara at Keshavapura, Sarvodaya Circle. The garlanding of Basaveshwara by the conglomeration of people holding the flags of a particular party led the flying squad to register a complaint on 23.04.2023. The complaint is - 4 - HC-KAR NC: 2026:KHC:41847 CRL.P No. 7536 of 2024 CNR: KAHC010439052024

investigated into and a charge sheet comes to be filed before the concerned Court. On perusal of the charge sheet the concerned Court takes cognizance for offences punishable under Sections 341, 171F read with Section 34 of the IPC. Taking of cognizance and issuance of summons by the concerned Court is what has driven the petitioners to this Court in the subject petition. 4. Sri. Vivek Reddy, learned Senior counsel appearing for the petitioners would vehemently contend that garlanding of a statue of Basaveshwara would not amount to an undue influence during the elections or impersonation and wrongful restraint, as is alleged under Sections 171F and Section 341 of the IPC respectively, and these offences would not be applicable in the case at hand. Therefore, either the charge sheet is filed for offences that cannot even be alleged or the cognizance is taken for the incorrect offences, is the submission of the learned Senior counsel. 5. The learned Additional State Public Prosecutor would however refutes the above submission and contends that - 5 - HC-KAR NC: 2026:KHC:41847 CRL.P No. 7536 of 2024 CNR: KAHC010439052024 the charge sheet is filed after investigation and the ingredients of the offences are clearly met. Therefore, the petitioners have to come out clean in a full blown trial and would seek dismissal of the petition. 6. I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the material on record.

7. The afore-narrated facts, dates, link in the chain of events are all a matter of record. They would not require any iteration. The incident takes place on 23.04.2023 when the workers of a particular party form a conglomeration and sought to garland the statue of Basaveshwara in Keshavapura, Sarvodaya Circle. This event leads the flying squad to take action by registering the complaint on 23.04.2023. The complaint reads as follows: " ಾಂಕ: 23/04/2023 ೆ, ಾ ಾ ಾ ಗಳ , ೇ ಾ ಪ ರ ೕ ೕ ಾ ೆ, ಹುಬ ರವ ೆ, - 6 - HC-KAR NC: 2026:KHC:41847 CRL.P No. 7536 of 2024 CNR: KAHC010439052024 !ಾನ#$ೇ, ಾನು ಚನ&ಪ' ೌಡ ತಂ+ೆ ೆಂ,ೇ ೌಡ ವಯಸು/ 56 ವಷ1, 2ಾ3, 4ಂದೂ ಒಕ8 ಗ ಉ+ೊ#ೕಗ :ೇತ; <= ಾ ಾ ಗಳ (>.ಇ.ಓ.) ಘಂBೆ ೇ ಹುಬ C DEೈG ಸಂHೆ# 9480695185 ಈ ೆಳJನಂKೆ !ಾದ LೕM ಸಂ4Kೆ ಉಲOಂಘ ಕು ತು ದೂರನು& LೕಡುMP+ೆQೕ ೆ.

ನನ ಸದ# RSಾನ ಸTೆಯ ಚು ಾವ ೆಯ ಸU 2023 ೇಯದQರ ಪ;ಯುಕP !ಾ#VWೆXೕY Zೈ[ಂ\ Wಾ8]^ _ೕಂ ಹುಬ C Sಾರ`ಾಡ Wೆಂಟ;G RSಾನ ಸTಾ ಕbೇತ;ದ ಅ ಾ ಅಂತ !ಾನ# VdಾO ಾ ಗಳ eಾಗೂ VdಾO ಚು ಾವ ಾ ಾ ಗಳ ಇವರ ಆ+ೇಶ ಸಂHೆ# ಚು ಾವ ಅವ 2022-2023 ಾಂಕ 30/09/2023ರ ಆ+ೇಶದನ ಯ hೆOೖ[ಂ\ Wಾ#^ _ೕಂ-1 ಹುಬ C Sಾರ`ಾಡ Wೆಂಟ;G RSಾನಸTಾ :ೇತ;ದ !ಾ#VWೆXೕY ಆJ ಾಯ1 Lವ14ಸುKೆPೕ ೆ. ಾನು ಾಂಕ 23/04/2023 ರಂದು Eೆ ೆi ಸಂ ಯಂKೆ, 06 ಗಂBೆ[ಂದ 14 ಗಂBೆಯವ ಾಯ1Lವ14ಸುMP+ಾQಗ ನನ& ಸಂಗಡ ಎ.ಎ .ಐ.l. ಹಳಮುL eಾಗೂ ಆn.o.$ಾ<p ಾU eೆq.r.1640 eಾಗೂ Rlsೕ ಾ;ಫn ರuೕv ಮಹ+ೇವಪ' ಆಂಮ_w ಇವನನು& ಕ$ೆದು ೊಂಡು ಹುಬ C ೇಶ ಪ ರದ ಸxೕ1ದಯ ಸಕ1Gನ Oರುವ <;ೕ ಬಸ`ೇಶ ರ ಪ ತy ಹMPರ ಸು!ಾರು 10:35 ಗಂBೆಯ >.2ೆ.o. ಅz31 ಮeೇv KೆಂJನ ಾ[ eಾಗೂ ಇವರ ಸಂಗಡ, ಪ;Rೕಣ1 ಹುರ eಾಗೂ ಯಲOಪ' ನವಲೂn, ೇಶ ಪ ರ ಹುಬ C 20 ಂದ 25 ಜನರ ಗುಂಪ ಇದ$ೆಲOರೂ Kೆ ೆದು ೊಂಡು, <;ೕ ಬಸ`ೇಶ ರ ಜಯಂM ಪ;ಯುಕP ೇಶ ಪ ರದ ಸxೕ1ದಯ ಸಕ1Gನ Oರುವ ಬಸ`ೇಶ ರ ಪ ತy !ಾdಾಪ1 !ಾಡುವ ೆಪದ O, ಎdೆO}ೆ >.2ೆ.o. ಪ=ದ ಧ•ಜ eಾಗೂ ಾಲು, Bೋo eಾ€ ೊಂಡು Wಾವ1ಜLಕ ಂದ ಮನWೆ•ೆಯುವ ಉ+ೆQೕಶ ಂದ ಚು ಾವ ಾ ಅ ಾ ಗ ಂದ ‚ಾವ +ೇ ಅನುಮM ಪ}ೆಯ+ೇ ಬಸ`ೇಶ ರ ಪ;Mu !ಾdಾಪ1 !ಾಡುವ ಾಲ ೆ8 ಸxೕ1ದಯ ಸಕ1G ನ ಬರeೋಗುವ Wಾವ1ಜLಕ eಾಗೂ `ಾಹನಗಳ ಸುಗಮ ಸಂ,ಾರ ೆ8 ಅಡತ}ೆಯನು&oಟು !ಾl !ಾದ ಚು ಾವ ಾ LೕM ಸಂ4Kೆ ಉಲOಂಘ !ಾlದುQ, ಸದ ಯವರ uೕdೆ ಕಲಂ143, 147, 341, 171ಎƒ, ಸಹ ಕಲಂ 149 ಐor ಮತುP ಕಲಂ 123 (2) ಆn.o. ಆ„w 1951 ೇದQರlಯ ನನ&ದು ಸ ಾ1 ತ…1 …‚ಾ1 ಇರುತP+ೆ. ಈ ಘಟ ೆಯ ಬ ೆi ನಮ† ತಂಡದ Rlsೕ ಾ;ಫn - 7 - HC-KAR NC: 2026:KHC:41847 CRL.P No. 7536 of 2024 CNR: KAHC010439052024 ಆದ ರuೕv ಆದBೈ ಇವ ಂದ ಘಟ ೆಯ ಸಂಪ‡ಣ1 ˆM;ೕಕರಣ !ಾlr ಈಗ ಬಂದು ದೂರು ೊಡುMP+ೆQೕ ೆ. ಸyಳ: ಹುಬ ಾಂಕ: 23/04/23 ತಮ† R ಾ r, ಚನ&ಪ' ೌಡ ತಂ+ೆ ೆಂ,ೇ ೌಡ, !ಾ#VWೆXೕY hೆOೖ[ಂ\ Wಾ#ಂ^ _ೕಂ-1, 73, ಹುಬ C-Sಾರ`ಾಡ Wೆಂಟ;G RSಾನಸTಾ :ೇತ;.

ಾಂಕ 23/04/2023 ರಂದು 12:30 ಘಂBೆ ಸದ ಯವರ ದೂರನು& r ೕಕ r ಾ ೆಯ ಗು ಾ& ನಂ.50/2023 ಕಲಂ 143, 147, 341, 171(ಎƒ ) ಆn.ಡಬೂO] 149 ಐor ಮತುP ಸŠ 123(2) ಆn.o. ಆ„w 1951 ೇದQ ೆ8 ಪ;ಕರಣ +ಾಖ r ೊಂl+ೆ." The Police conduct investigation and file a charge sheet. The summary of the charge sheet as obtaining in column No.17 reads as follows: "+ೋbಾ$ೋಪ ಪತ;ದ ಕ;ಮಸಂHೆ# 17 ೆ8 ಪ;Kೆ#ೕಕ ಪ ರವŒ. ಹುಬ C ೇ ಾ ಪ‡ರ ೕ ಾ ೆಯ ಅಪ$ಾಧ ಸಂHೆ#: 50/2023 ಕಲಂ: 341, 171(ಎƒ) ಸಹಕಲಂ: 34 ಐor ಮತುP ಕಲಂ 123(2) ಆno ಾ•Q 1950. !ಾನ# ಘನ ಾ#‚ಾಲಯದ `ಾ#oPಯ ಬರುವ ಹುಬ C ೇ ಾ ಪ‡ರ ೕ ಾ ೆಯ ಹ hೈ€ ಹುಬ C ೇ ಾ ಪ‡ರ ಸxೕ1ದಯ ಸಕ1G ಬಸ`ೇಶ ರ ಮೂM1 ಹMPರ +ೋbಾ$ೋಪ ಪತ;ದ ಅಂಕಣ ನಂಬರ 12 ರ ನಮೂದು !ಾlದ ಆ$ೋoತರು ಏ ೋ+ೆQೕಶ ಂದ ಅಕ;ಮಕೂಟ ರˆr ೊಂಡು ಾಂಕ 23/04/2023 ರಂದು ಮುಂ2ಾ 10-35 ಗಂBೆ +ೋbಾ$ೋಪ ಪತ;ದ ಅಂಕಣ ನಂಬರ 12 ರ ನಮೂದು !ಾlದ ಆ$ೋoತರು ಏ ೋ+ೆQೕಶ ಂದ ಅಕ;ಮ ಕೂಟ ರˆr ೊಂಡು ಬಸ`ೇಶ ರ ಜಯಂM ಪ;ಯುಕP ಬಸ`ೇಶ ರ ಪ ತP - 8 - HC-KAR NC: 2026:KHC:41847 CRL.P No. 7536 of 2024 CNR: KAHC010439052024 !ಾdಾಪ1 !ಾಡುವ ೆಪದ >2ೆo ಧ•ಜ, >2ೆo ˆeೆ& ಇರುವ ಾಲು eಾಗೂ Bೋo eಾ€ ೊಂಡು Wಾವ1ಜLಕ ಂದ ಮತ Wೆ•ೆಯುವ ಉ+ೆQೕಶ ಂದ ಚು ಾವ ಾ ಅ ಾ ಗ ಂದ ಅನುಮM ಪ}ೆಯ+ೆ Wಾವ1ಜLಕ ಸಂ,ಾರ ೆ8 ಅ}ೆತ}ೆ !ಾl, ಚು ಾವ ಾ LೕM ಸಂ4Kೆಯನು& ಉಲOಂಘ !ಾlದ ಅಪ$ಾಧ. ಕಲಂ: 341, 171(ಎƒ) ಸಹಕಲಂ: 34 ಐor ಮತುP ಕಲಂ 123(2) ಆno ಾ•Q 1950." The charge sheet is filed for offences punishable under Sections 341, 171(F) read with Section 34 of the IPC and Section 123(2) of the Representation of the People Act, 1950. The concerned Court takes cognizance of the said offences. The order taking cognizance reads as follows: "ORDER

Cognizance is taken of the offences punishable under Section 341 and 171(F) R/w Sec. 34 of the Indian Penal Code, 1860 ('the IPC' for short) against accused No.1 to 3. Office is directed to register this case as CC in Register No.III and issue summons to the accused No.1 to 3, returnable by:09-11-2023 Sd/- 11.09.2023 (Preeth.J) XLII Addl/CMM (Spl. Court for trial of cases filed against sitting as well as former MPs/MLAs, triable by the Magistrate in the State of Karnataka)" - 9 - HC-KAR NC: 2026:KHC:41847 CRL.P No. 7536 of 2024 CNR: KAHC010439052024 Therefore, the petitioners are now sought to be proceeded against for the offences punishable under Sections 341 and 171F read with Section 34 of the IPC. 8. Insofar as the offence under Section 341 of the IPC is concerned, it requires ingredients under Section 339 of the IPC to be present. The Apex Court in the case of KEKI HORMUSJI GHARDA v. MEHERVAN RUSTOM IRANI1 interprets Section 341 of the IPC and observes as follows: “ ….. ….. ….. 12. “Wrongful restraint” has been defined under Section 339 IPC in the following words: “339.Wrongful restraint.—Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person.

Exception.—The obstruction of a private way over land or water which a person in good faith believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section.” The essential ingredients of the aforementioned provision are: (1) Accused obstructs voluntarily; (2) The victim is prevented from proceeding in any direction; 1 (2009) 6 SCC 475 - 10 - HC-KAR NC: 2026:KHC:41847 CRL.P No. 7536 of 2024 CNR: KAHC010439052024 (3) Such victim has every right to proceed in that direction. 13. Section 341 IPC provides that: “341. Punishment for wrongful restraint.— Whoever wrongfully restrains any person, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.” 14. The word “voluntary” is significant. It connotes that obstruction should be direct. The obstructions must be a restriction on the normal movement of a person. It should be a physical one. They should have common intention to cause obstruction." (Emphasis supplied)

For an offence to become punishable under Section 341 of the IPC, the ingredients as obtaining under Section 339 are necessarily to be present. Section 339 of the IPC mandates that a person should be stopped by the accused, by use of criminal force from all sides. There is nobody here who has been stopped particularly by these petitioners. The allegation is due to the act of these petitioners which resulted in a block of traffic. This cannot by any stretch of imagination become an offence under Section 341 of the IPC, as there is no wrongful restraint of any person in the case at hand. Therefore, the cognizance for the said offence is loosely taken by the concerned Court against these petitioners. - 11 - HC-KAR NC: 2026:KHC:41847 CRL.P No. 7536 of 2024 CNR: KAHC010439052024 9 What remains is the offence under Section 171F of the IPC, which reads as follows: “171F. Punishment for undue influence or personation at an election.— Whoever commits the offence of undue influence or personation at an election shall be punished with imprisonment of either description for a term which may extend to one year or with fine, or with both.” (Emphasis supplied) Section 171F of the IPC has its ingredients in Section 171C & Section 171D of the IPC. It deals with impersonation and undue influence during the elections. 10. This Court in the case of K S ESHWARAPPA v. STATE OF KARNATAKA2 while interpreting Section 171F of the IPC, observes as follows: “ ….. ….. …..

7. The incident that led to registration of crime, is as narrated hereinabove, and would not require any reiteration, ….. ….. ….. Section 171F punishes those who would commit the offence of undue influence or personation at an 2 W.P.No.26669 of 2023 disposed on 17.07.2026 - 12 - HC-KAR NC: 2026:KHC:41847 CRL.P No. 7536 of 2024 CNR: KAHC010439052024 election with imprisonment, which may extend to a term of one year. Section 171F requires two ingredients to be present viz., undue influence or personation at an election. Undue influence and personation, are defined under Sections 171C and 171D. They read as follows: “171-C. Undue influence at elections.— (1) Who ever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election. (2) Without prejudice to the generality of the provisions of sub-section (1), whoever— (a) threatens any candidate or voter, or any person in whom a candidate or voter is interested, with injury of any kind, or (b) induces or attempts to induce a candidate or voter to believe that he or any person in whom he is interested will become or will be rendered an object of Divine displeasure or of spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or voter, within the meaning of sub-section (1).

(3) A declaration of public policy or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this section. 171-D. Personation at elections.— Whoever at an election applies for a voting paper or votes in the name of any other person, whether living or dead, or in a fictitious name, or who having voted once at such election applies at the same election for a voting paper in his own name, and whoever abets, procures or attempts to procure the voting by any person in any such way, commits the offence of personation at an election: Provided that nothing in this section shall apply to a person who has been authorised to vote as proxy for an elector under any law for the time being in force insofar as he votes as a proxy for such elector.” - 13 - HC-KAR NC: 2026:KHC:41847 CRL.P No. 7536 of 2024 CNR: KAHC010439052024

Whoever would voluntarily interfere or attempt to interfere with the free exercise of any electoral right commits the offence of undue influence and whoever at an election applies for a voting paper or votes in the name of other person, living or dead is said to be guilty of offence of personation in the elections. What is laid against the petitioner is Section 171F of the IPC. If the complaint is considered on the touchstone of the contents of Sections 171C, 171D and 171F, what would unmistakably emerge, is a reckless registration of crime and a loosely laid offence.” (Emphasis supplied) This Court in the afore-quoted judgment held that an offence under Section 171F on the IPC is limited to instances of voluntary interference as defined under Section 171C of the IPC or application for a voting paper or votes in the name of other persons as defined under Section 171D of the IPC. Therefore, the garlanding of a statue of Basaveshwara by any of the party workers would not amount to undue influence under Section 171F of the IPC over any of the voters and the said offence is loosely laid and cognizance is loosely taken by the concerned Court against these petitioners. 11. In the light of the aforesaid reasons, where the ingredients of the offences are not even met against these petitioners, permitting further trial on the allegations made in - 14 - HC-KAR NC: 2026:KHC:41847 CRL.P No. 7536 of 2024 CNR: KAHC010439052024

the complaint would become an abuse of the process of the law and result in miscarriage of justice. 12. For the aforesaid reasons, the following: ORDER (i) The criminal petition is allowed. (ii) The proceedings in C.C.No.23346/2023 pending on the file of 42nd A.C.M.M., Bengaluru stands quashed. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 26

- 1 - HC-KAR NC: 2026:KHC:41847 CRL.P No. 7536 of 2024 CNR: KAHC010439052024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 7536 OF 2024 BETWEEN: 1. SRI. MAHESH TENGINKAI S/O. CHANNAVEERAPPA, AGED ABOUT 54 YEARS, R/A. 9, BASAVESHWARA NAGAR, NEAR GOVERNMENT SCHOOL, GOKUL ROAD, HUBLI, KARNATAKA - 580 030. 2. SRI. PRAVEEN ALIAS GADIGEPPA HURALI AGED ABOUT 34 YEARS, S/O TANAJI, NO. 24/B, UDAY NAGAR, Digitally signed by BENGERI, KESWAPUR, PADMAVATHI HUBLI, DHARWAD - 580 023. B K Location: High Court of 3. SRI. YALLAPPA NAVALUR Karnataka S/O BASAVANNAPPA AGED ABOUT 67 YEARS, RESIDING AT, 162, KUMBAR ONI, NEAR MARUTI TEMPLE, KESWAPUR, HUBLI, DHARWAD - 580 023. …PETITIONERS (BY SRI. VIVEK REDDY, SR. ADVOCATE FOR SRI. K.N. SUBBA REDDY, ADVOCATE) - 2 - HC-KAR NC: 2026:KHC:41847 CRL.P No. 7536 of 2024 CNR: KAHC010439052024 AND: 1. STATE OF KARNATAKA REPRESENTED BY KESHWAPURA POLICE STATION, HUBBALI NORTH SUB DIVISION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. 2. SRI. CHANAPPAGOUDA, S/O. KEMPEGOUDA, AGED ABOUT 56 YEARS, GOVERNMENT OFFICIAL, BEO OFFICE, GHANTIKERI, HUBBALI, DHARWAD - 580 030. …RESPONDENTS (BY SRI. ANOOP KUMAR, ADDL. SPP FOR R1; R2 - SERVED) THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO ALLOW THIS PETITION AND QUASH THE IMPUGNED CHARGE SHEET WHICH CAME TO BE REGISTERED IN

C.C.NO.23346/2023 FOR THE OFFENCE P/U/S 341, AND 171F R/W SEC.34 OF IPC ON THE FILE OF THE LEARNED 42ND A.C.M.M BENGALURU BY KESHAVAPURA P.S. HUBLI IN CR.NO.50/2023 VIDE ANNEXURE A TO C. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:41847 CRL.P No. 7536 of 2024 CNR: KAHC010439052024 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners - accused Nos.1 to 3 are at the doors of this Court calling in question the proceedings in C.C.No.23346/2023 registered for offences punishable under Sections 341, 171F read with Section 34 of the Indian Penal Code, 1860 ('the IPC' for short). 2. Heard Sri. Vivek Reddy, learned Senior counsel for Sri. K.N. Subba Reddy, learned counsel appearing for the petitioners and Sri. Anoop Kumar, learned Additional State Public Prosecutor appearing for respondent No.1. 3. Facts adumbrated are as follows: The events date back to the period of the Karnataka Legislative Assembly Elections, 2023. It transpires that the petitioners along with others, formed a group and put a garland over the statue of Basaveshwara at Keshavapura, Sarvodaya Circle. The garlanding of Basaveshwara by the conglomeration of people holding the flags of a particular party led the flying squad to register a complaint on 23.04.2023. The complaint is - 4 - HC-KAR NC: 2026:KHC:41847 CRL.P No. 7536 of 2024 CNR: KAHC010439052024

investigated into and a charge sheet comes to be filed before the concerned Court. On perusal of the charge sheet the concerned Court takes cognizance for offences punishable under Sections 341, 171F read with Section 34 of the IPC. Taking of cognizance and issuance of summons by the concerned Court is what has driven the petitioners to this Court in the subject petition. 4. Sri. Vivek Reddy, learned Senior counsel appearing for the petitioners would vehemently contend that garlanding of a statue of Basaveshwara would not amount to an undue influence during the elections or impersonation and wrongful restraint, as is alleged under Sections 171F and Section 341 of the IPC respectively, and these offences would not be applicable in the case at hand. Therefore, either the charge sheet is filed for offences that cannot even be alleged or the cognizance is taken for the incorrect offences, is the submission of the learned Senior counsel. 5. The learned Additional State Public Prosecutor would however refutes the above submission and contends that - 5 - HC-KAR NC: 2026:KHC:41847 CRL.P No. 7536 of 2024 CNR: KAHC010439052024 the charge sheet is filed after investigation and the ingredients of the offences are clearly met. Therefore, the petitioners have to come out clean in a full blown trial and would seek dismissal of the petition. 6. I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the material on record.

7. The afore-narrated facts, dates, link in the chain of events are all a matter of record. They would not require any iteration. The incident takes place on 23.04.2023 when the workers of a particular party form a conglomeration and sought to garland the statue of Basaveshwara in Keshavapura, Sarvodaya Circle. This event leads the flying squad to take action by registering the complaint on 23.04.2023. The complaint reads as follows: " ಾಂಕ: 23/04/2023 ೆ, ಾ ಾ ಾ ಗಳ , ೇ ಾ ಪ ರ ೕ ೕ ಾ ೆ, ಹುಬ ರವ ೆ, - 6 - HC-KAR NC: 2026:KHC:41847 CRL.P No. 7536 of 2024 CNR: KAHC010439052024 !ಾನ#$ೇ, ಾನು ಚನ&ಪ' ೌಡ ತಂ+ೆ ೆಂ,ೇ ೌಡ ವಯಸು/ 56 ವಷ1, 2ಾ3, 4ಂದೂ ಒಕ8 ಗ ಉ+ೊ#ೕಗ :ೇತ; <= ಾ ಾ ಗಳ (>.ಇ.ಓ.) ಘಂBೆ ೇ ಹುಬ C DEೈG ಸಂHೆ# 9480695185 ಈ ೆಳJನಂKೆ !ಾದ LೕM ಸಂ4Kೆ ಉಲOಂಘ ಕು ತು ದೂರನು& LೕಡುMP+ೆQೕ ೆ.

ನನ ಸದ# RSಾನ ಸTೆಯ ಚು ಾವ ೆಯ ಸU 2023 ೇಯದQರ ಪ;ಯುಕP !ಾ#VWೆXೕY Zೈ[ಂ\ Wಾ8]^ _ೕಂ ಹುಬ C Sಾರ`ಾಡ Wೆಂಟ;G RSಾನ ಸTಾ ಕbೇತ;ದ ಅ ಾ ಅಂತ !ಾನ# VdಾO ಾ ಗಳ eಾಗೂ VdಾO ಚು ಾವ ಾ ಾ ಗಳ ಇವರ ಆ+ೇಶ ಸಂHೆ# ಚು ಾವ ಅವ 2022-2023 ಾಂಕ 30/09/2023ರ ಆ+ೇಶದನ ಯ hೆOೖ[ಂ\ Wಾ#^ _ೕಂ-1 ಹುಬ C Sಾರ`ಾಡ Wೆಂಟ;G RSಾನಸTಾ :ೇತ;ದ !ಾ#VWೆXೕY ಆJ ಾಯ1 Lವ14ಸುKೆPೕ ೆ. ಾನು ಾಂಕ 23/04/2023 ರಂದು Eೆ ೆi ಸಂ ಯಂKೆ, 06 ಗಂBೆ[ಂದ 14 ಗಂBೆಯವ ಾಯ1Lವ14ಸುMP+ಾQಗ ನನ& ಸಂಗಡ ಎ.ಎ .ಐ.l. ಹಳಮುL eಾಗೂ ಆn.o.$ಾ<p ಾU eೆq.r.1640 eಾಗೂ Rlsೕ ಾ;ಫn ರuೕv ಮಹ+ೇವಪ' ಆಂಮ_w ಇವನನು& ಕ$ೆದು ೊಂಡು ಹುಬ C ೇಶ ಪ ರದ ಸxೕ1ದಯ ಸಕ1Gನ Oರುವ <;ೕ ಬಸ`ೇಶ ರ ಪ ತy ಹMPರ ಸು!ಾರು 10:35 ಗಂBೆಯ >.2ೆ.o. ಅz31 ಮeೇv KೆಂJನ ಾ[ eಾಗೂ ಇವರ ಸಂಗಡ, ಪ;Rೕಣ1 ಹುರ eಾಗೂ ಯಲOಪ' ನವಲೂn, ೇಶ ಪ ರ ಹುಬ C 20 ಂದ 25 ಜನರ ಗುಂಪ ಇದ$ೆಲOರೂ Kೆ ೆದು ೊಂಡು, <;ೕ ಬಸ`ೇಶ ರ ಜಯಂM ಪ;ಯುಕP ೇಶ ಪ ರದ ಸxೕ1ದಯ ಸಕ1Gನ Oರುವ ಬಸ`ೇಶ ರ ಪ ತy !ಾdಾಪ1 !ಾಡುವ ೆಪದ O, ಎdೆO}ೆ >.2ೆ.o. ಪ=ದ ಧ•ಜ eಾಗೂ ಾಲು, Bೋo eಾ€ ೊಂಡು Wಾವ1ಜLಕ ಂದ ಮನWೆ•ೆಯುವ ಉ+ೆQೕಶ ಂದ ಚು ಾವ ಾ ಅ ಾ ಗ ಂದ ‚ಾವ +ೇ ಅನುಮM ಪ}ೆಯ+ೇ ಬಸ`ೇಶ ರ ಪ;Mu !ಾdಾಪ1 !ಾಡುವ ಾಲ ೆ8 ಸxೕ1ದಯ ಸಕ1G ನ ಬರeೋಗುವ Wಾವ1ಜLಕ eಾಗೂ `ಾಹನಗಳ ಸುಗಮ ಸಂ,ಾರ ೆ8 ಅಡತ}ೆಯನು&oಟು !ಾl !ಾದ ಚು ಾವ ಾ LೕM ಸಂ4Kೆ ಉಲOಂಘ !ಾlದುQ, ಸದ ಯವರ uೕdೆ ಕಲಂ143, 147, 341, 171ಎƒ, ಸಹ ಕಲಂ 149 ಐor ಮತುP ಕಲಂ 123 (2) ಆn.o. ಆ„w 1951 ೇದQರlಯ ನನ&ದು ಸ ಾ1 ತ…1 …‚ಾ1 ಇರುತP+ೆ. ಈ ಘಟ ೆಯ ಬ ೆi ನಮ† ತಂಡದ Rlsೕ ಾ;ಫn - 7 - HC-KAR NC: 2026:KHC:41847 CRL.P No. 7536 of 2024 CNR: KAHC010439052024 ಆದ ರuೕv ಆದBೈ ಇವ ಂದ ಘಟ ೆಯ ಸಂಪ‡ಣ1 ˆM;ೕಕರಣ !ಾlr ಈಗ ಬಂದು ದೂರು ೊಡುMP+ೆQೕ ೆ. ಸyಳ: ಹುಬ ಾಂಕ: 23/04/23 ತಮ† R ಾ r, ಚನ&ಪ' ೌಡ ತಂ+ೆ ೆಂ,ೇ ೌಡ, !ಾ#VWೆXೕY hೆOೖ[ಂ\ Wಾ#ಂ^ _ೕಂ-1, 73, ಹುಬ C-Sಾರ`ಾಡ Wೆಂಟ;G RSಾನಸTಾ :ೇತ;.

ಾಂಕ 23/04/2023 ರಂದು 12:30 ಘಂBೆ ಸದ ಯವರ ದೂರನು& r ೕಕ r ಾ ೆಯ ಗು ಾ& ನಂ.50/2023 ಕಲಂ 143, 147, 341, 171(ಎƒ ) ಆn.ಡಬೂO] 149 ಐor ಮತುP ಸŠ 123(2) ಆn.o. ಆ„w 1951 ೇದQ ೆ8 ಪ;ಕರಣ +ಾಖ r ೊಂl+ೆ." The Police conduct investigation and file a charge sheet. The summary of the charge sheet as obtaining in column No.17 reads as follows: "+ೋbಾ$ೋಪ ಪತ;ದ ಕ;ಮಸಂHೆ# 17 ೆ8 ಪ;Kೆ#ೕಕ ಪ ರವŒ. ಹುಬ C ೇ ಾ ಪ‡ರ ೕ ಾ ೆಯ ಅಪ$ಾಧ ಸಂHೆ#: 50/2023 ಕಲಂ: 341, 171(ಎƒ) ಸಹಕಲಂ: 34 ಐor ಮತುP ಕಲಂ 123(2) ಆno ಾ•Q 1950. !ಾನ# ಘನ ಾ#‚ಾಲಯದ `ಾ#oPಯ ಬರುವ ಹುಬ C ೇ ಾ ಪ‡ರ ೕ ಾ ೆಯ ಹ hೈ€ ಹುಬ C ೇ ಾ ಪ‡ರ ಸxೕ1ದಯ ಸಕ1G ಬಸ`ೇಶ ರ ಮೂM1 ಹMPರ +ೋbಾ$ೋಪ ಪತ;ದ ಅಂಕಣ ನಂಬರ 12 ರ ನಮೂದು !ಾlದ ಆ$ೋoತರು ಏ ೋ+ೆQೕಶ ಂದ ಅಕ;ಮಕೂಟ ರˆr ೊಂಡು ಾಂಕ 23/04/2023 ರಂದು ಮುಂ2ಾ 10-35 ಗಂBೆ +ೋbಾ$ೋಪ ಪತ;ದ ಅಂಕಣ ನಂಬರ 12 ರ ನಮೂದು !ಾlದ ಆ$ೋoತರು ಏ ೋ+ೆQೕಶ ಂದ ಅಕ;ಮ ಕೂಟ ರˆr ೊಂಡು ಬಸ`ೇಶ ರ ಜಯಂM ಪ;ಯುಕP ಬಸ`ೇಶ ರ ಪ ತP - 8 - HC-KAR NC: 2026:KHC:41847 CRL.P No. 7536 of 2024 CNR: KAHC010439052024 !ಾdಾಪ1 !ಾಡುವ ೆಪದ >2ೆo ಧ•ಜ, >2ೆo ˆeೆ& ಇರುವ ಾಲು eಾಗೂ Bೋo eಾ€ ೊಂಡು Wಾವ1ಜLಕ ಂದ ಮತ Wೆ•ೆಯುವ ಉ+ೆQೕಶ ಂದ ಚು ಾವ ಾ ಅ ಾ ಗ ಂದ ಅನುಮM ಪ}ೆಯ+ೆ Wಾವ1ಜLಕ ಸಂ,ಾರ ೆ8 ಅ}ೆತ}ೆ !ಾl, ಚು ಾವ ಾ LೕM ಸಂ4Kೆಯನು& ಉಲOಂಘ !ಾlದ ಅಪ$ಾಧ. ಕಲಂ: 341, 171(ಎƒ) ಸಹಕಲಂ: 34 ಐor ಮತುP ಕಲಂ 123(2) ಆno ಾ•Q 1950." The charge sheet is filed for offences punishable under Sections 341, 171(F) read with Section 34 of the IPC and Section 123(2) of the Representation of the People Act, 1950. The concerned Court takes cognizance of the said offences. The order taking cognizance reads as follows: "ORDER

Cognizance is taken of the offences punishable under Section 341 and 171(F) R/w Sec. 34 of the Indian Penal Code, 1860 ('the IPC' for short) against accused No.1 to 3. Office is directed to register this case as CC in Register No.III and issue summons to the accused No.1 to 3, returnable by:09-11-2023 Sd/- 11.09.2023 (Preeth.J) XLII Addl/CMM (Spl. Court for trial of cases filed against sitting as well as former MPs/MLAs, triable by the Magistrate in the State of Karnataka)" - 9 - HC-KAR NC: 2026:KHC:41847 CRL.P No. 7536 of 2024 CNR: KAHC010439052024 Therefore, the petitioners are now sought to be proceeded against for the offences punishable under Sections 341 and 171F read with Section 34 of the IPC. 8. Insofar as the offence under Section 341 of the IPC is concerned, it requires ingredients under Section 339 of the IPC to be present. The Apex Court in the case of KEKI HORMUSJI GHARDA v. MEHERVAN RUSTOM IRANI1 interprets Section 341 of the IPC and observes as follows: “ ….. ….. ….. 12. “Wrongful restraint” has been defined under Section 339 IPC in the following words: “339.Wrongful restraint.—Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person.

Exception.—The obstruction of a private way over land or water which a person in good faith believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section.” The essential ingredients of the aforementioned provision are: (1) Accused obstructs voluntarily; (2) The victim is prevented from proceeding in any direction; 1 (2009) 6 SCC 475 - 10 - HC-KAR NC: 2026:KHC:41847 CRL.P No. 7536 of 2024 CNR: KAHC010439052024 (3) Such victim has every right to proceed in that direction. 13. Section 341 IPC provides that: “341. Punishment for wrongful restraint.— Whoever wrongfully restrains any person, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.” 14. The word “voluntary” is significant. It connotes that obstruction should be direct. The obstructions must be a restriction on the normal movement of a person. It should be a physical one. They should have common intention to cause obstruction." (Emphasis supplied)

For an offence to become punishable under Section 341 of the IPC, the ingredients as obtaining under Section 339 are necessarily to be present. Section 339 of the IPC mandates that a person should be stopped by the accused, by use of criminal force from all sides. There is nobody here who has been stopped particularly by these petitioners. The allegation is due to the act of these petitioners which resulted in a block of traffic. This cannot by any stretch of imagination become an offence under Section 341 of the IPC, as there is no wrongful restraint of any person in the case at hand. Therefore, the cognizance for the said offence is loosely taken by the concerned Court against these petitioners. - 11 - HC-KAR NC: 2026:KHC:41847 CRL.P No. 7536 of 2024 CNR: KAHC010439052024 9 What remains is the offence under Section 171F of the IPC, which reads as follows: “171F. Punishment for undue influence or personation at an election.— Whoever commits the offence of undue influence or personation at an election shall be punished with imprisonment of either description for a term which may extend to one year or with fine, or with both.” (Emphasis supplied) Section 171F of the IPC has its ingredients in Section 171C & Section 171D of the IPC. It deals with impersonation and undue influence during the elections. 10. This Court in the case of K S ESHWARAPPA v. STATE OF KARNATAKA2 while interpreting Section 171F of the IPC, observes as follows: “ ….. ….. …..

7. The incident that led to registration of crime, is as narrated hereinabove, and would not require any reiteration, ….. ….. ….. Section 171F punishes those who would commit the offence of undue influence or personation at an 2 W.P.No.26669 of 2023 disposed on 17.07.2026 - 12 - HC-KAR NC: 2026:KHC:41847 CRL.P No. 7536 of 2024 CNR: KAHC010439052024 election with imprisonment, which may extend to a term of one year. Section 171F requires two ingredients to be present viz., undue influence or personation at an election. Undue influence and personation, are defined under Sections 171C and 171D. They read as follows: “171-C. Undue influence at elections.— (1) Who ever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election. (2) Without prejudice to the generality of the provisions of sub-section (1), whoever— (a) threatens any candidate or voter, or any person in whom a candidate or voter is interested, with injury of any kind, or (b) induces or attempts to induce a candidate or voter to believe that he or any person in whom he is interested will become or will be rendered an object of Divine displeasure or of spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or voter, within the meaning of sub-section (1).

(3) A declaration of public policy or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this section. 171-D. Personation at elections.— Whoever at an election applies for a voting paper or votes in the name of any other person, whether living or dead, or in a fictitious name, or who having voted once at such election applies at the same election for a voting paper in his own name, and whoever abets, procures or attempts to procure the voting by any person in any such way, commits the offence of personation at an election: Provided that nothing in this section shall apply to a person who has been authorised to vote as proxy for an elector under any law for the time being in force insofar as he votes as a proxy for such elector.” - 13 - HC-KAR NC: 2026:KHC:41847 CRL.P No. 7536 of 2024 CNR: KAHC010439052024

Whoever would voluntarily interfere or attempt to interfere with the free exercise of any electoral right commits the offence of undue influence and whoever at an election applies for a voting paper or votes in the name of other person, living or dead is said to be guilty of offence of personation in the elections. What is laid against the petitioner is Section 171F of the IPC. If the complaint is considered on the touchstone of the contents of Sections 171C, 171D and 171F, what would unmistakably emerge, is a reckless registration of crime and a loosely laid offence.” (Emphasis supplied) This Court in the afore-quoted judgment held that an offence under Section 171F on the IPC is limited to instances of voluntary interference as defined under Section 171C of the IPC or application for a voting paper or votes in the name of other persons as defined under Section 171D of the IPC. Therefore, the garlanding of a statue of Basaveshwara by any of the party workers would not amount to undue influence under Section 171F of the IPC over any of the voters and the said offence is loosely laid and cognizance is loosely taken by the concerned Court against these petitioners. 11. In the light of the aforesaid reasons, where the ingredients of the offences are not even met against these petitioners, permitting further trial on the allegations made in - 14 - HC-KAR NC: 2026:KHC:41847 CRL.P No. 7536 of 2024 CNR: KAHC010439052024

the complaint would become an abuse of the process of the law and result in miscarriage of justice. 12. For the aforesaid reasons, the following: ORDER (i) The criminal petition is allowed. (ii) The proceedings in C.C.No.23346/2023 pending on the file of 42nd A.C.M.M., Bengaluru stands quashed. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 26