- 1 - NC: 2025:KHC:17838 CRL.P No. 2041 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 2041 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI S S RAJESH S/O LATE SHRI SUBRAMANYACHAR, AGED ABOUT 61 YEARS, RESIDING AT NO.308-309, SHUBHODAYA SILVER SPRINGS, 2ND CROSS, I PHASE, 5TH BLOCK, BEML LAYOUT, RAJARAJESHWARI NAGAR, BENGALURU 560 098. …PETITIONER (BY SMT. SARITHA A L., ADVOCATE) AND: 1. NADOJA DR MAHESH JOSHI S/O LATE SHRI HANUMANT BHAT JOSHI, AGED ABOUT 66 YEARS, OCC PRESIDENT OF KANNADA SAHITHYA PARISHATHU AND FORMER ADDITIONAL DIRECTOR GENERAL OF DOORDARSHAN, RESIDING AT NO.10, GURU GOVIND KRUPA, 16TH MAIN ROAD, R K LAYOUT, 3RD STAGE, PADMANABHANAGAR, BENGALURU 560 070. …RESPONDENT (BY SRI. BHAT SHANKAR SHIVARAM., ADVOCATE) THIS CRL.P IS FILED U/S 397 R/W 401 CR.P.C (U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 14.11.2024 IN C.C.NO.14860/2023 SO FAR IT RELATES TO RECORDING OF STATEMENT OF THE PETITIONER UNDER SECTION 313 CR.P.C., ON THE FILE OF ADDL. CJM AT BENGALURU CITY (SCCH-9). Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:17838 CRL.P No. 2041 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner challenges the recording of the statement of the accused under section 313 of Cr.P.C. primarily on the ground that the evidence of P.W.1 - complainant has been completed. 2. The petitioner was subjected to trial for the offence under Section 138 of N.I. Act. The complainant was examined as P.W.1 and when the matter was set out for cross-examination of P.W.1, the learned Magistrate recorded the statement of the accused under Section 313 Cr.P.C. 3. Section 313 Cr.P.C. deals with power to examine the accused and states that in every inquiry or trial, for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him, the court at any stage, without previously warning the accused, put such questions to him as the Court considers necessary, and shall, after the witnesses for the prosecution have been examined and before he is called on for his defence, question him generally on the case provided that in a summons-case, where the court - 3 - NC: 2025:KHC:17838 CRL.P No. 2041 of 2025 has dispensed with the personal attendance of the accused, it may also dispense with his examination under clause (b). 4. In the instant case, the learned Magistrate admittedly, the presence of the complainant is summoned and therefore, the learned Magistrate had discretion neither to dispense for recording the statement under 313 of Cr.P.C., or record the statement of the accused. However, this discretion is available only after the completion of the evidence of PW.1. Therefore, recording of the statement under Section 313 of Cr.P.C. is premature. 5. Accordingly, the petition is allowed. 6. The statement of the accused recording under Section 313 of Cr.P.C. in C.C.No.14860/2023, by the learned Additional Chief Judicial Magistrate, Bengaluru is hereby set-aside. The petitioner is permitted to cross- examine P.W.1 on the date on which he is summoned. 6. Reserving liberty with the Learned Magistrate to dispense or record the statement of the accused under section 313 Cr.P.C. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 1 Sl No.: 116