PRATHAP SIMHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner herein has been charge sheeted for committing the offence punishable under Sec. 125 of the Representation of People Act, 1951 ('the Act' for brevity). During the relevant time, he was contesting for Mysore -Kodagu Constituency from BJP Party. The Election code of conduct was in force from 5.3.2014; in a public election campaign meeting held on 20.3.2014, the petitioner is alleged to have said that "we need a Prime Minister who would demand for the lives of four Pakistani soldiers in exchange of the lives of two of ours. The present Prime Minister is passive, he did not do so and do we need a Prime Minister of such kind". It is further alleged that the petitioner said those words in emotional and high voice, which would disturb the communal disharmony, thereby violated the code of conduct of the Parliament Election of 2014.

(2.) Sri. Vinod Kumar. M., learned Counsel appearing for the petitioner submits that, the petitioner is a sitting M.P. The evidence collected by the Investigating Officer, even if taken on its face value, fails to make out an offence punishable under Sec. 125 of the Act. Public speech given by the petitioner will not in any way bring hatredness or enmity between any class of citizens of our country. As per the prosecution case, the speech could not be recorded due to technical reasons.

(3.) The learned Additional State Public Prosecutor submits that, since the matter is at the stage of framing charges, petitioner without invoking Sec. 249 of Crimial P.C. to seek discharge from the charges has directly approached this Court, which is not permissible. He can very well present his case before the Trial Court for redressal of his grievance. He has not made out any case to invoke the jurisdiction of this Court under Sec. 482 of Crimial P.C.