S. BANGARAPPA, BA, BL ADVOCATE Vs. STATE OF KARNATAKA BY THE STATION HOUSE OFFICER OLD TOWN POLICE STATION BHADRAVATHI SHIMOGA DISTRICT

JUDGEMENT

(1.) THIS petition is filed seeking to quash the proceedings in Crime No. 177/2009 (CC No.276/2010) of Bhadravathi Old Town Police Station, Shimoga District, registered on 27.04.2009 for the offences punishable under Section 171 -C (2)(b) of IPC and Section 123 of Representation of People Act, 1950. After investigation, police have deleted the offence under Section 123 of Representation of People Act and filed the charge sheet for the offences under Section 171 -C (2)(b) of IPC.

(2.) HEARD Sri. C.V. Nagesh, learned Senior Counsel for the petitioner and Sri. Rajasubramanya Bhat, learned HCGP for the State/ Respondent

(3.) ON careful perusal of FIR, it is seen that, the averments made in the complaint to the fact that petitioner entered the church or mosque and requested the voters to support the candidates, who is his son, does not attract the offence under Section 171 -C (2)(b) of IPC. To constitute an offence under Section 171 -C (2)(b) of IPC, accused should have attempted or induced the candidates or voters to believe that, he or any person whom he is interested will become or render with the object of Divine displeasure or of spiritual censure