- 1 - HC-KAR NC: 2026:KHC:7970 CRL.RP No. 230 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 230 OF 2026 BETWEEN: STATE OF KARNATAKA BY NYAMATHI POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU. …PETITIONER (BY SRI ANOOP KUMAR M.V, HCGP) AND: 1. G. GURU ALIAS BASAVARAJAPPA S/O GADIGEPPA AGED ABOUT 22 YEARS J.O.C STUDENT GUDDEHALLI VILLAGE HONNALI. 2. G. GURURAJ S/O HANUMEGOUDA AGED ABOUT 22 YEARS J.O.C STUDENT GUDDEHALLI VILLAGE HONNALI. …RESPONDENTS THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED U/S 438 R/W 442 BNSS) PRAYING PLEASED TO SET ASIDE THE JUDGMENT AND ORDER DATED 31.01.2022 PASSED BY THE ADDL.CIVIL JUDGE AND J.M.F.C HONNALI DAVANAGERE FOR THE OFFENCE P/U/S 419,420,465,466,468,471,114 R/W 34 OF IPC AND SEC.118 OF KARNATAKA EDUCATION ACT AND ALSO ORDER DATED 27.10.2025 PASSED BY THE II ADDL.DISTRICT AND SESSIONS Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7970 CRL.RP No. 230 of 2026 JUDGE, AT DAVANAGERE IN CRL.A.NO.59/2022 FOR THE OFFENCE P/U/S 419,420,465,466,468,471,114 R/W 34 OF IPC AND SEC.118 OF KARNATAKA EDUCATION ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. The State is before this Court in this revision petition filed under Section 397 read with Section 401 of Cr.P.C. with a prayer to set-aside the judgment and order of acquittal dated 31.01.2022 passed in CC No.115/2009 by the Court of Addl. Civil Judge and JMFC at Honnali, Davangere, which is confirmed in Crl.A.No.59/2022 by judgment and order dated 27.10.2025 by the Court of II Addl. District and Sessions Judge, Davangere. 2. Heard the learned HCGP for the petitioner. 3. Respondents herein were charge sheeted for the offences punishable under Sections 419, 420, 465, 466, 468, 471, 114 read with Section 34 of IPC and Section 118 of the Karnataka Education Act and were tried for the charge sheeted offences in - 3 - HC-KAR NC: 2026:KHC:7970 CRL.RP No. 230 of 2026 CC No.115/2009. The prosecution in order to prove its charges against the accused had in all examined 15 charge sheet witnesses as PW1 to PW15 and had got marked 29 documents as Ex.P1 to Ex.P29. On behalf of defence, no oral or documentary evidence was placed on record. The Trial Court, after appreciating the oral and documentary evidence available on record, by judgment and order dated 31.01.2022 passed in CC No.115/2019, acquitted accused Nos.1 and 2 of the charge sheeted offences and the said judgment and order of acquittal passed in CC No.115/2009 was confirmed in Crl.A.No.59/2022 by the Court of II Addl. District and Sessions Judge, Davangere, by judgment and order dated 27.10.2025. Aggrieved by the aforesaid two concurrent findings of acquittal recorded by the Courts below, the State is before this Court. 4. A perusal of the material available on record would go to show that the prosecution has failed to prove its case beyond reasonable doubt against accused Nos.1 and 2. PW5, the invigilator, who was on duty on the date of alleged offence is the material charge sheet witness and he has failed to identify the accused in the present case. In addition to the same, the - 4 - HC-KAR NC: 2026:KHC:7970 CRL.RP No. 230 of 2026 material on record would go to show that mahazar witnesses have completely turned hostile to the case of the prosecution. The prosecution had also not collected the specimen handwriting of accused Nos.1 and 2 in the present case. The disputed handwriting as well as the admitted handwriting of accused No.2, though referred to Forensic Science Laboratory for verification, it is found that the person, who has compared the disputed and admitted handwriting of accused No.2 has not been examined in the present case. It is under these circumstances, the Trial Court has acquitted accused Nos.1 and 2 of the charge sheeted offences. The Appellate Court having re-appreciated the oral and documentary evidence available on record, has rightfully confirmed the judgment and order of acquittal passed by the Trial Court. 5. The Hon'ble Supreme Court in the case of Mahabir and Others vs. State of Haryana - 2025 SCC OnLine SC 184, has observed that the scope of this Court in exercise of its revisional jurisdiction to interfere with the judgment and order of acquittal passed by two Courts is very limited. - 5 - HC-KAR NC: 2026:KHC:7970 CRL.RP No. 230 of 2026 6. In view of the aforesaid, I am of the opinion that the revision petition does not merit consideration. Accordingly, the revision petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 32