- 1 - NC: 2025:KHC:10510 CRL.P No. 1071 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 1071 OF 2025 BETWEEN: SRI. SADASHIVA S/O LATE PANCHEGOWDA AGED ABOUT 49 YEARS R/AT MARALINGANADODDI VILLAGE KERAGODU HOBLI, MANDYA TALUK MANDYA DISTRICT-571 401. …PETITIONER (BY SRI. RAMESHA H.N., ADVOCATE) AND: STATE OF KARNATAKA BY KERAGODU POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU-560 001. …RESPONDENT (BY SRI. ANOOP KUMAR M.V., HCGP) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 04.12.2024 PASSED BY THE HON'BLE V ADDITIONAL DISTRICT JUDGE, AT MANDYA BY ALLOWING THE APPLICATION PARTLY FILED U/S 311 OF CR.P.C. FOR DECLINING TO RECALL THE PW.1 FOR FURTHER CROSS EXAMINATION IN S.C.NO.39/2019 FOR THE ALLEGED OFFENCES P/U/S 504, 506, 307, 302 OF IPC REGISTERED BY THE KERAGODU POLICE IN CRIME NO.216/2018 AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10510 CRL.P No. 1071 of 2025 CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner-accused who is facing investigation for the offences punishable under Sections 506, 504, 307, 302 of Indian Penal Code is before this Court challenging the order passed by the learned Sessions Judge rejecting the application filed under Section 311 Cr.P.C. to recall P.W.1 for further cross examination. 2. Heard the learned counsel for the parties and perused the material on record. 3. The complainant was examined as P.W.1, and after examination-in-chief, the petitioner-accused cross- examined P.W.1. Subsequently, the matter was set for the examination of other witnesses, and the petitioner having cross examined other witnesses, filed an application under Section 311 of the Cr.P.C., seeking for further cross- examination of P.W.1 and also recalled P.W.15 for further cross-examination. The Trial Court allowed the application insofar it relates to recalling P.W.15 for further cross- examination, but however rejected the application to recall P.W.1 for further cross examination. The petitioner- accused states that certain material suggestions were left out at the time of Cross-examination of P.W.1, and therefore, the further cross-examination of P.W.1 is - 3 - NC: 2025:KHC:10510 CRL.P No. 1071 of 2025 necessary to ensure fair trial as envisaged under Article 21 of the Constitution of India. 4. In these circumstances, the petitioner has made out a prima facie case for further cross-examination of P.W.1. Therefore, to ensure a fair trial as envisaged under Article 21 of the Constitution of India, it is appropriate to grant the petitioner one more opportunity to cross- examine P.W.1. 5. Accordingly, I pass the following: ORDER i) Criminal petition is allowed. ii) The impugned order dated 4.12.2024 passed by the learned V Additional District Judge, at Mandya in S.C.No.39/2019 is hereby set aside and consequently, the application filed under Section 311 of Cr.P.C. insofar it relates to rejecting the application for recalling P.W.1 for further cross examination is set aside and the said application is allowed. iii) The petitioner is permitted to further cross examine P.W.1 on the date on which he would be summoned, failing which, the learned Sessions Judge, shall proceed in accordance with law. - 4 - NC: 2025:KHC:10510 CRL.P No. 1071 of 2025 iv) The petitioner-accused to deposit a sum of Rs.500/- with the Trial Court on or before the next date of hearing towards cost. Pending applications, if any, do not survive for consideration. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 2 Sl No.: 1