JUDGMENT

Uday Umesh Lalit, J. - Leave granted.

2. This appeal challenges the order dated 13.03.2020 passed by the High Court of Karnataka, Dharwad Bench, in Criminal Appeal No.2637 of 2011.

3. Sandur Gram Panchayat, Sandur, District Bellary, Karnataka and the appellant, who at the relevant time was Chief Officer of said Gram Panchayat, were accused of having committed offences punishable under Sections 43 and 44 of The Water (Prevention and Control of Pollution) Act, 1974 ("the Water Act" for short).

4. By judgment and order dated 28.04.2006 passed by the Civil Judge (Junior Division) and Judicial Magistrate First Class, Sandur, in CC No.375 of 2002, the appellant was found guilty of the offences with which he was charged and was sentenced to undergo simple imprisonment for one year and six months and to pay fine of Rs.1000/- on both the counts. The sentences were to run concurrently.

5. The appeal preferred by the appellant was allowed by the II-Additional Sessions Judge, Bellary by his order dated 19.06.2010 only on the ground that being a public servant, the appellant was entitled to the protection under Section 197 of the Code of Criminal Procedure, 1973 ("the Code" for short) a