'Caught stocking rations, not distributing them': Karnataka High Court quashes ‘bribery’ case against ex-minister

Bengaluru: The Karnataka High Court has quashed the proceedings against former minister Maluru Es En Krishnaiah Setty under IPC section 171E for bribing the voters during the 2023 assembly polls. Justice M Nagaprasanna observed that in the case at hand, the petitioner was found to have stocked ration at his house and not distributing them.

On April 1, 2023, an FIR was registered against Krishnaiah Setty, who had contested the Gandhinagar assembly constituency as a BJP rebel candidate. The flying squad had conducted a search in Krishnaiah Setty’s house and seized illegal ration, for which he failed to produce any documents. A complaint was filed under IPC section 171E and the magistrate permitted registration of crime.

Challenging this, it was argued on behalf of Krishnaiah Setty that the jurisdictional police ought to have referred the informant to the magistrate and police themselves cannot seek permission to register the crime. Apart from this procedural violation, the complaint lacks ingredients of offence under section 171E, the advocate said.

On the other hand, the government advocate cited the high court's decision in the Vijesh Pillai case and said either the informant or the SHO (police) can seek permission from the magistrate to register the crime.

Justice Nagaprasanna noted that the crux of the complaint is that the petitioner had stored illegal rations worth several lakhs of rupees in his house for which he had failed to produce any documents.

“Section 171B mandates that any person who gives gratification to any person with an object of inducing any other person to exercise electoral right or any person accepts either for himself or for another person any gratification is said to be committing the offence of bribery. What is found in the case at hand is not distribution of ration by the petitioner but stock of ration. This, unless the petitioner is caught distributing or anybody else receiving such distribution of ration, would not attract the ingredients of Section 171B of the IPC for it to become an offence under Section 171E of the IPC (punishment for bribery),” the court said.