IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NOS.4381/2018 C/W 4382/2018 AND 4384/2018 IN CRL.P.NO.4381/2018 BETWEEN SRI SUNIL KUMAR V S/O VASUDEV M K AGED 42 YEARS, PRERANA, NEKALJE, GUTHHU NEAR KALIKAMBA TEMPLE KARKALA TALUKU, UDUPI DISTRICT-574104. ... PETITIONER (BY SRI VINOD KUMAR M, ADV.) AND 1. STATE OF KARNATAKA REP BY. KARKALA TOWN POLICE STATION, UDUPI DISTRICT REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BANGALORE-560 001.
2. SRI K DEVADAS HEGDE S/O ANANDA HEGDE AGED 57 YEARS, FLYING SQUAD 1, 122, KARKALA ASSEMBLY CONSTITUENCY KARKALA-574104 UDUPI DISTRICT. ... RESPONDENTS (BY SRI S CHANDRASHEKARAIAH, HCGP. FOR R-1.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE FIR REGISTERED IN CRIME NO.75/2018 OF KARKALA TOWN POLICE STATION, PENDING IN THE FILE OF THE HON'BLE PRINCIPAL CIVIL JUDGE AND JUDICIAL MAGISTRATE OF FIRST CLASS AT KARKALA, UDUPI DISTRICT, FOR THE OFFENCES PUNISHABLE UNDER SECTION 171(E) OF IPC AND 123(1) 123(A) OF REPRESENTATION OF PEOPLE ACT AND SEC 3,6,7 OF RELIGIOUS INSTITUTIONS (PREVENTION OF MISUSE ACT) 1988.
IN CRL.P.NO.4382/2018 BETWEEN SRI SUNIL KUMAR V S/O VASUDEV M K AGED 42 YEARS, PRERANA, NEKDAJE, GUTHHU KALIKAMBA TEMPLE, KARKAL KARKALA TALUKU, UDUPI DISTRICT-574104. ... PETITIONER (BY SRI VINOD KUMAR M, ADV.) AND 1. STATE OF KARNATAKA REP BY KARKALA TOWN POLICE STATION, UDUPI DISTRICT REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BANGALORE-560 001.
2. SRI NAVEEN KUMAR S/O GOPALA KRISHNA AGED 42 YEARS, HEAD MASTER, GOVT. HIGH SCHOOL, NAKRE, KARKALA, FLYING SQUAD 2, 122, KARKALA ASSEMBLY CONSTITUENCY KARKALA-574104 UDUPI DISTRICT. ... RESPONDENTS (BY SRI S CHANDRASHEKARAIAH, HCGP. FOR R1.) THIS CRIMINAL PETITION FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE FIR REGISTERED IN CRIME NO.76/2018 OF KARKALA TOWN POLICE STATION, PENDING IN THE FILE OF THE HON'BLE PRINCIPAL CIVIL JUDGE AND JUDICIAL MAGISTRATE OF FIRST CLASS AT KARKALA, UDUPI DISTRICT, FOR THE OFFENCES PUNISHABLE UNDER SECTION 171(E) OF IPC AND 123(1) 123(A) OF REPRESENTATION OF PEOPLE ACT AND SEC 3,6,7 OF RELIGIOUS INSTITUTIONS (PREVENTION OF MISUSE ACT) 1988.
IN CRL.P.NO.4384/2018 BETWEEN SRI SUNIL KUMAR V S/O VASUDEV M K AGED 42 YEARS, PRERANA, KALAMBAADI, PUDAVU, PALLI ROAD, NITTE GRAMA, KARKALA TALUK, UDUPI DISTRICT-574104. ... PETITIONER (BY SRI VINOD KUMAR M, ADV.) AND 1. STATE OF KARNATAKA REP BY KARKALA TOWN POLICE STATION, UDUPI DISTRICT, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BANGALORE-560 001.
2. SRI B V SRINIVAS AGED 38 YEARS, FLYING SQUAD 3, 122, KARKALA ASSEMBLY CONSTITUENCY KARKALA-574104 UDUPI DISTRICT. ... RESPONDENTS (BY SRI S.CHANDRASHEKARAIAH, HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE FIR REGISTERED IN CRIME NO.78/2018 OF KARKALA TOWN POLICE STATION, PENDING IN THE FILE OF THE HON'BLE PRINCIPAL CIVIL JUDGE AND JUDICIAL MAGISTRATE OF FIRST CLASS AT KARKALA, UDUPI DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTION.171(E) OF IPC AND 123(1) 123(A) OF REPRESENTATION OF PEOPLE ACT.
THESE CRIMINAL PETITIONS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner in Crl.P. No.4381/2018 and petitioner in Crl.P. No.4382/2018 who have been arraigned as accused in Crime No.75/2018 and 76/2018 respectively, both for the offences punishable under Section 171 E of Indian Penal Code and 123 (1), 123 A of Representation of People Act and Section 3, 6, and 7 of Religious Institutions (Prevention of Misuse Act), 1988 are before this court for quashing of said proceeding. Complaint came to be lodged by Karkala Town Police Station on 29.04.2018 alleging that petitioner had sought for permission to conduct election rally and same had been granted and in the meeting held by the Tahsildar with all political parties, the candidates and their agents were intimated that political party should not indulge in bribing the voters. It was alleged that in violation of the same, petitioner had arranged lunch at Sri Rama Bhajana Mandira at Karkala to the voters. The complaint so lodged has been registered in Crime No.75, 76 of 2018 as aforesaid. Hence, petitioner has filed these petitions for quashing of the proceedings.
2. In so far as it relates to Crl. P. 4384/2018 the only allegation which has been made against said petitioner is after conducting election rally he had facilitated the voters to have lunch at Sri. Lakshmi Kalyana Mantapa which amounts to influencing the voters. Hence, FIR in Crime No.78/2018 came to be registered under Section 171 E of Indian Penal Code and Section 123(1) and 123 A of Representative of Peoples Act.
3. I have heard the arguments of Sri. M. Vinod Kumar appearing for petitioners and learned High Court Govt. Pleader Sri. Chandrashekhar appearing for State. It is the contention of Sri. M. Vinod Kumar that Sri Rama Bhajana Mandira situated at Karkala is a famous temple wherein, everyday Prasada Bhojana (Annasantharpane) is being conducted by serving food/lunch to all the devotees who visit the temple and it is a customary practice existing from long time and said Prasada Bhojana was not initiated only during election rally or election period and such arrangement of lunch everyday at the temple is no way related or connected to election conducted by the political party to which the petitioner belongs. He would also submit that notification dated 05.12.2011 issued by the Election Commission of India itself permits arrangement of lunch to the party workers which would not amount to violation of the Election Code or the lunch arranged by the religious institution within the premises/institutions as a customary practice would not be an act of bribery to induce the voters and even otherwise, in the instant cases even according to the complaint allegations it is only the party workers who had participated in the rally who had consumed lunch at Rama Bhajana Mandira and as such, there is no violation of either Election Code or Section 171 E of Indian Penal Code read with section 123(1) and 123 A of Representative Peoples Act as well as Section 3, 6 and 7 of Religious Institutions (Prevention of Misuse Act), 1988 would not be applicable.
4. Per contra, Sri. Chandrashekhar would support the prosecution initiated against the petitioner and contends that with an intention to induce the voters, petitioners had indulged in bribing them by arranging a lunch and as such, there is no infirmity in police registering the FIR’s against petitioners. He would contend that as to whether petitioners had arranged the lunch or not is a matter which requires to be investigated and hence, he prays for quashing of the proceedings.
5. At the outset, it requires to be noticed that the Election Commission of India by notification/communication dated 05.12.2011 has clarified that “if any contesting candidates attends some community kitchen (langar, bhoj, etc.) by whatever name called either organized by such candidate or by any other person to entertain the electors” would be an expenditure attributable to such candidate. It is also further clarified that said instruction would not apply to community kitchens/langars etc. organized by religious communities within the religious institutions as a customary practice or the bhoj/feast offered by any other (other than the candidate) in the normal course of such celebrations and such expenses would not be referable to the candidate who participates in the normal course as a visitor.
6. In this background when the averments or allegations made in the complaint is perused, it would not detain this court to brush aside the contention of the learned High Court Govt. Pleader, in as much as it is alleged that petitioner as the head of Sri Rama Bhajana Mandira, “Karkala” had organized the lunch for the persons who participated in the procession. Two aspects which requires to be noticed from the plain reading of the complaint is (i) the petitioner had obtained permission for conducting a procession and a public meeting, which is not in dispute (ii) petitioner is also the head of Sri Rama Bhajana Mandira; on account of he being either attached with political party or for having conducted procession, the lunch was not organized but on account of lunch having been served at Sri Rama Bhajana Mandira on the day of procession was conducted on 23.04.2018 prosecution has been launched against him. Nowhere in the complaint or any other material would suggest that this was not the customary practice or lunch not being served everyday at Sri Rama Bhajana Mandira, Karkala to devotees who visit the temple. In that view of the matter to attribute that petitioner had organized the lunch for inducing the voters is only an omnibus statement and even if this allegation in the compliant is remained uncontroverted or the accused were not to enter his defence, it would not lead his conviction, as such, continuation of proceedings is uncalled for and it would not serve any purpose whatsoever, but on the other hand, continuation of the said proceedings would only be onerous on the petitioner and it would be waste of precious judicial time of the court.
In that view of the mater, I proceed to pass the following:-
ORDER (i) Criminal Petitions are allowed.
(ii) Proceedings pending in Crime No.75/2018, 76/2018 and 78/2018, against the petitioners on the file of the Principal Civil Judge and Judicial Magistrate of First Class at karkalla, Udupi District are quashed and petitioners are acquitted of the alleged offences.
All pending applications stand consigned to records.
SD/- JUDGE Chs* CT-HR