Karnataka High Court Quashes FIR Against BJP MP For Seeking IAS Officer's Help After EC's Flying Squad Seized ₹4Cr Cash From Co-Accused

The Karnataka High Court recently quashed a criminal case against BJP MP Dr K Sudhakar booked for texting an IAS officer for help after the Election Commission seized Rs 4.8 crore cash from a co-accused's house, a day before the Lok Sabha Elections in April 2024.

Justice M I Arun quashed the case registered for offences punishable under sections 171B (bribery), 171C (undue influence of election), and 511(Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment) IPC and Section 123 (Corrupt practices) of the Representation of People Act, 1951.

It said:

"The averments made in the complaint, FIR and the chargesheet reveal that there was an income tax raid on the house of accused no.2 and the petitioner has requested an IAS officer (CW2) to help accused no.2. There is no other allegation made against the petitioner that the money of Rs.4.8 crores seized in the house of accused no.2 was meant to be used for the elections of the petitioner or to give the same as a bribe to somebody else on behalf of the petitioner. Thus, even if the allegations made against the petitioner are held to be true, they do not satisfy the ingredients of Sections 171B, 171C and 511 of IPC for the petitioner to be charged with the offences that he is presently charged"

The magistrate had taken cognizance of the offences and directed registration of a case as well as had issued summons to petitioner and the co-accused. Against cognizance taken by trial court, the petitioner moved the high court.

The flying squad of the Election Commission had seized a sum of Rs 4.8 crore in cash from a residence of one Govindappa in Chikkaballapura constituency. At that time Sudhakar, who was contesting for the election from Chikaballapura Lok Sabha constituency was stated to have messaged to C.W.2, an IAS Officer on WhatsApp: 'Madhavara Govindappa IT Team' and 'Pls help I will be very grateful to you. Regards'.

The petitioner argued that even presuming the allegations made in the complaint, FIR and the charge sheet are true, the petitioner cannot be held guilty of the offences alleged against him.

The bench noted that there is no other allegation made against the petitioner to the effect that the money belonged to the petitioner herein and it was meant for distribution to voters at the time of elections to woo them.

Further the upon instructions the government advocate informed the court that apart from the aforementioned WhatsApp message, no other allegation is made in the statement of IAS officer against the petitioner.

Accordingly the high court allowed the petition and quashed the case.

Case Title: Dr K Sudhakar AND State of Karnataka

Case No: WP 18910/2025

Citation No: 2025 LiveLaw (Kar) 327

Appearance: Senior Advocate Prabhuling K Navadgi for Advocate Sanjeevini Prabhuling Navadgi for Petitioner.

HCGP Thejesh for Respondent.

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