- 1 - HC-KAR NC: 2025:KHC-K:5578 CRL.RP No. 200046 of 2020 C/W CRL.RP No. 200047 of 2020 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M.G. UMA CRIMINAL REVISION PETITION NO. 200046 OF 2020 C/W. CRIMINAL REVISION PETITION NO. 200047 OF 2020 IN CRL.R.P. NO.200046/2020: BETWEEN: G. CHANDRASHEKAR REDDY S/O G. CHINNAKRISHNAREDDY, AGED: 45 YEARS, OCC: BUSINESS, R/O. HYDERABAD, PRESENTLY R/AT BHIMALKHEDA VILLAGE, TQ. HUMNABAD, DIST. BIDAR-586101. …PETITIONER (BY SRI SANJAY A. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH HALLIKHEDA(B), POLICE STATION, TQ. HUMNABAD, DIST. BIDAR, REPRESENTED BY ADDL. S.P.P., Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-K:5578 CRL.RP No. 200046 of 2020 C/W CRL.RP No. 200047 of 2020 HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585107. …RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP) THIS CRL.R.P. IS FILED UNDER SECTION 397 READ WITH SECTION 401 OF CR.P.C., PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT OF CONVICTION AND ORDER OF SENTENCE DATED 20.01.2018 PASSED BY THE PRL. CIVIL JUDGE AND J.M.F.C., HUMNABAD, IN C.C.NO.857/2010 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 447, 427, AND 431 OF IPC; FURTHER SET ASIDE JUDGMENT DATED 31.08.2020 PASSED BY THE II ADDL. DIST. AND SESSIONS JUDGE, BIDAR, SITTING AT BASAVAKALYAN, IN CRL.A.NO.15/2018 CONFIRMING AND UPHOLDING THE JUDGMENT OF CONVICTION; AND TO ACQUIT THE PETITIOENR OF ALL CHARGES IN C.C. 857/2010 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND J.M.F.C., HUMNABAD, DATED 20.01.2018 AND IN CRL.A. No.15/2018 DATED 31.08.2020 ON THE FILE OF THE II ADDL. DISTRICT AND SESSIONS JUDGE, BIDAR, SITTING AT BASAVAKALYAN. IN CRL.R.P. NO. 200047/2020: BETWEEN: G. CHANDRASHEKAR REDDY S/O G. CHINNAKRISHNAREDDY, AGED: 45 YEARS, OCC: BUSINESS, R/O. HYDERABAD, PRESENTLY R/AT BHIMALKHEDA VILLAGE, TQ. HUMNABAD, DIST. BIDAR-584101. …PETITIONER (BY SRI SANJAY A. PATIL, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC-K:5578 CRL.RP No. 200046 of 2020 C/W CRL.RP No. 200047 of 2020 AND: THE STATE OF KARNATAKA, THROUGH HALLIKHEDA (B) POLICE STATION, TQ. HUMNABAD, DIST. BIDAR, REPRESENTED BY ADDL. S.P.P., HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585 101. …RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP) THIS CRL.R.P. IS FILED UNDER SECTION 397 R/W. SECTION 401 OF CR.P.C., PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT OF CONVICTION AND ORDER OF SENTENCE DATED 20.01.2018 PASSED BY THE PRL. CIVIL JUDGE AND J.M.F.C., HUMNABAD, IN C.C.NO.587/2010 FOR THE OFFENCE PUNISHABLE UNDER SECTION 304A OF IPC, AND FURTHER SETASIDE JUDGMENT DATED 31.08.2020 PASSED BY II ADDL. DISTRICT AND SESSIONS JUDGE, BIDAR, SITTING AT BASAVAKALYAN, IN CRL.A.NO.16/2018 CONFIRMING AND UPHOLDING THE JUDGMENT OF CONVICTION; AND TO ACQUIT THE PETITINER OF ALL CHARGES IN C.C.NO.587/2010 ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, HUMNABAD, DATED 20.01.2018 AND IN CRL.A. NO.16/2018 DATED 31.08.2020 ON THE FILE OF II ADDL. DISTRICT AND SESSIONS JUDGE, BIDAR, SITTING AT BASAVAKALYAN. THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M.G. UMA - 4 - HC-KAR NC: 2025:KHC-K:5578 CRL.RP No. 200046 of 2020 C/W CRL.RP No. 200047 of 2020 ORAL ORDER (PER: HON'BLE MRS. JUSTICE M.G. UMA) The petitioner/accused in Crl.R.P. No.200046/2023 is impugning the judgment dated 20.01.2018 passed in C.C. No.857/2010 on the file of the learned Principal Civil Judge and J.M.F.C., Humnabad [for short ‘Trial Court’], convicting him for the offences punishable under Sections 447, 427 and 411 of Indian Penal Code [for short ‘IPC’], and sentencing him to undergo simple imprisonment of 3 months and pay a fine of Rs.500/- for the offence punishable under section 447 of IPC; to undergo simple imprisonment for a period of 1 year and to pay a fine of Rs.10,000/- for the offence punishable under section 427 of IPC; to undergo simple imprisonment for a period of 2 years and to pay fine of Rs.10,000/- for the offence punishable under section 431 of IPC with default sentences which is confirmed in Crl.A. No.15/2018 dated 31.08.2023 on the file of the learned II Additional District - 5 - HC-KAR NC: 2025:KHC-K:5578 CRL.RP No. 200046 of 2020 C/W CRL.RP No. 200047 of 2020 and Sessions Judge, Bidar, sitting at Basavakalyan, [for short ‘First Appellate Court’] by dismissing the appeal. 2. The petitioner/accused in Crl.R.P. No.200047/2020 is impugning the judgment dated 20.01.2018 passed in C.C. No.587/2010 on the file of the learned Principal Civil Judge and J.M.F.C., Humnabad dated 20.01.2018 convicting him for the offences punishable under Sections 304A of Indian Penal Code [for short ‘IPC’], and sentencing him to undergo simple imprisonment for a period of 2 years and to pay fine amount of Rs.50,000/- for the offence punishable under section 304 A of IPC which was confirmed in Crl.A. No.16/2018 dated 31.08.2023 on the file of the learned II Additional District and Sessions Judge, Bidar, sitting at Basavakalyan, [First Appellate Court] by dismissing the appeal. 3. Heard Sri Sanjay A. Patil, learned counsel for the petitioner and Sri Jamadar Shahabuddin, learned High - 6 - HC-KAR NC: 2025:KHC-K:5578 CRL.RP No. 200046 of 2020 C/W CRL.RP No. 200047 of 2020 Court Government Pleader for the respondent – State in both the cases. Perused the materials available on record. 4. In view of the rival contentions urged by the learned counsels for both the parties, the point that would arise for my consideration in both the petitions is: "Whether the impugned judgments of conviction and orders of sentence passed by the Trial Court, which were confirmed by the First Appellate Court suffers from infirmities and calls for interference by this Court?" My answer to the above point is in the ‘Affirmative’ for the following: REASONS 5. It is strange that two different proceedings were initiated against the same petitioner in respect of an incident that occurred on 30.01.2010. It is stated that, two children by names Veeresh and Siddhu have fallen into a ditch, drowned and died on 30.01.2010. The father - 7 - HC-KAR NC: 2025:KHC-K:5578 CRL.RP No. 200046 of 2020 C/W CRL.RP No. 200047 of 2020 of the deceased Veeresh filed the first information as per Ex.P1 in C.C. No.587/2010. Upon which, Crime No.27/2010 came to be registered in Hallikheda (B) Police Station for the offences punishable under Sections 447, 427, 231, 304A of IPC. After investigation, charge-sheet came to be filed. The Trial Court took cognizance of the offence and registered a case in C.C. No.857/2010. The accused appeared before the Trial Court, pleaded not guilty. Prosecution examined PWs.1 to 13 and got marked documents at Exs.P1 to P6. Accused denied all the incriminating materials available on record, but has not led any evidence in support of his defence. The Trial Court proceeded to convict the accused for the offence punishable under Sections 447, 427, 431. Aggrieved by the same, the petitioner had preferred Crl.A. No.15/2018. The First Appellate Court on re-appreciation of the materials on record, dismissed the appeal by confirming the impugned judgment of conviction and order of sentence passed by the Trial Court. - 8 - HC-KAR NC: 2025:KHC-K:5578 CRL.RP No. 200046 of 2020 C/W CRL.RP No. 200047 of 2020 6. In respect of the very same incident, the Tahasildar filed the first information with the very same Police Station. Upon which, Crime No.31/2010 came to be registered for the offences punishable under Sections 447, 427, 431 and 304A of IPC. After investigation, final report came to be filed. The Trial Court took cognizance of the offence even in this case and registered C.C. No.587/2010. 7. The petitioner appeared before the Trial Court and pleaded not guilty. Prosecution examined PWs.1 to 11 and got marked the documents at Exs.P1 to P12 in support of its contention. The accused denied all incriminating materials available on record, but has not led any evidence in support of his defence. The Trial Court proceeded to pass the impugned judgment acquitting the accused for the offences punishable under Sections 447, 427 and 431 of IPC, while convicting him for the offence punishable under Section 304A of IPC. - 9 - HC-KAR NC: 2025:KHC-K:5578 CRL.RP No. 200046 of 2020 C/W CRL.RP No. 200047 of 2020 8. Strangely both the FIRs were registered in the same Police Station in respect of the same offence. The same Court took cognizance on the basis of two final reports submitted by the Investigating Officer and registered two separate criminal cases. Simultaneously, conducted trial by examining different witnesses and finally disposed of both the criminal cases on the same day through two different judgments. When the impugned judgments were challenged before the First Appellate Court, the First Appellate Court re-appreciated the materials on record and disposed of both the appeals under two separate judgments on the same day. 9. It is to be noticed that in C.C. No.587/2010, the accused was acquitted of the offences punishable under Sections 447, 427 and 431 of IPC, while convicted for the offence punishable under Section 304A of IPC. In C.C. No.857/2010 the very same accused was convicted for the offences punishable under Sections 447, 427 and 431 of IPC, but Section 304A of IPC was never invoked. - 10 - HC-KAR NC: 2025:KHC-K:5578 CRL.RP No. 200046 of 2020 C/W CRL.RP No. 200047 of 2020 10. Now the question arises for consideration of this Court is as to whether registration of two separate criminal cases and prosecuting the accused for the same offence is permissible under law. Article 20 of the Constitution of India gives protection in respect of conviction for the offences. Article 20(2) reads as under: “Article 20. Protection in respect of conviction for the offences.- (1) x x x x x (2) No persons shall be prosecuted or punished for the same offence more than once.” 11. Bare reading of this provision of law makes it clear that, the petitioner could not have been prosecuted for the same offences in two different proceeding. In other words, the petitioner could not have been prosecuted for the same offence more than once, when such clear bar is contained in the Constitution of India, against prosecution of a person for the same offence, more than once. I am surprised that the petitioner is - 11 - HC-KAR NC: 2025:KHC-K:5578 CRL.RP No. 200046 of 2020 C/W CRL.RP No. 200047 of 2020 convicted in both the cases for different offences in respect of the same incident. When the accused is acquitted for the offences under sections 447, 427 and 431 in C.C.No.587/2010. When Section 304A of IPC was not invoked in C.C.No.857/2010, he could not have been prosecuted and sentenced for such offence in C.C.No.587/2010 on same set of facts. Hence, without going into other details of the case, I am of the opinion that, both the impugned judgments of conviction and orders of sentence passed by the Trial Court, confirmed by the First Appellate Court, are liable to be set aside. 12. In view of the above, I answer the above point in the ‘affirmative’ and proceed to pass the following: ORDER (i) Both the criminal revision petitions are allowed. (ii) The impugned judgments of conviction and orders of sentence dated 20.01.2018 passed in C.C. Nos.857/2010 and 587/2010 by the Trial Court, which were - 12 - HC-KAR NC: 2025:KHC-K:5578 CRL.RP No. 200046 of 2020 C/W CRL.RP No. 200047 of 2020 confirmed by the First Appellate Court, respectively in 15/2018 and 16/2018, are hereby set aside. (iii) Consequently, the petitioner is acquitted for the offence punishable under Sections 447, 427, 431 and 304A of IPC. (iv) Bail bond of the petitioner/accused and that of his sureties shall stand cancelled. (v) Fine amount, if any, deposited by the appellant is ordered to be refunded to him. Registry to send back the Trial Court records along with copy of this order for information and for needful action. Sd/- (M.G. UMA) JUDGE SBS List No.: 1 Sl No.: 21 CT:PK