Bengaluru: In a significant relief for former minister Maluru Es En Krissnaiah Setty, the Karnataka high court quashed proceedings initiated under Section 171E of IPC (bribing voters) in a case that was before the XLII Additional Chief Metropolitan Magistrate, Bengaluru.
The FIR was registered on April 1, 2023, during campaigning for the assembly elections. A flying squad searched Setty’s house and seized rations worth several lakhs of rupees, for which no documents were produced.
Upon presentation of the complaint, the magistrate permitted registration of the crime. Challenging this, Setty argued that there was a procedural violation as police ought to have referred the informant to the magistrate instead of approaching the magistrate himself, seeking permission. He said even on merits, the complaint lacked ingredients of an offence under Section 171E of the IPC.
The govt advocate argued as per the high court’s decision in the Vijesh Pillai case, either the informant or the SHO (police) can seek permission from the magistrate to register the crime.
After reviewing materials on record, Justice M Nagaprasanna noted that the crux of the complaint was that the petitioner stored illegal rations worth several lakhs of rupees in house which was allegedly to be distributed to woo voters.
The judge pointed out that Section 171B (bribery) mandates a person giving gratification to another person to induce him/her to exercise electoral rights. “What is found in the case at hand is not distribution of rations by the petitioner but stocking of rations. Unless the petitioner is caught distributing or someone receives such ration, it would not attract ingredients of Section 171B of the IPC for it to become an offence under Section 171E of IPC (punishment for bribery),” the judge ruled.