- 1 - NC: 2025:KHC:5614 CRL.P NO.1125 OF 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR CRIMINAL PETITION NO.1125 OF 2025 BETWEEN: SYED JAVEED @ GIDDA JAVEED S/O KHALEEM AGED ABOUT 30 YEARS, NO.173, 17TH CROSS, NEAR DYNAMIC SCHOOL, K.G. HALLI, BENGALURU - 560 045. …PETITIONER (BY SRI. SRIRAM M., ADVOCATE) AND: STATE OF KARNATAKA BY S.H.O. OF K.G. HALLI POLICE STATION, REP. BY THE SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. S.P.P.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH ORDER DATED 10TH JANUARY, 2025 PASSED IN S.C.NO.1015/2021 BY THE XXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH- 20), MAYOHALL, BENGALURU UNDER SECTION 311 OF THE CODE OF CRIMINAL PROCEDURE AND PERMIT THE PETITIONER TO ADDUCE THE DEFENCE EVIDENCE. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR Digitally signed by ARUNKUMAR M S Location: High Court of Karnataka - 2 - NC: 2025:KHC:5614 CRL.P NO.1125 OF 2025 ORAL ORDER This petition is by the accused No.1 in S.C. No.1015/2021 on the file of the XXVI Additional City Civil and Sessions Judge, Mayohall, Bengaluru challenging the order dated 10th January, 2025, whereby, the application filed by the petitioner-accused No.1 under Section 311 of the Code of Criminal Procedure to recall the CW1/PW3 for cross examination was rejected. 2. Heard learned counsel for the petitioner and learned Additional Special Public Prosecutor for the respondent and perused the material on record. 3. A perusal of material on record will indicate that the aforesaid proceedings was initiated by the respondent-prosecution against the petitioner-accused No.1 and other accused for the offences punishable under Sections 399 and 402 of the Indian Penal Code. The prosecution examined CW1 as PW3 but was not cross examined by the petitioner and his cross-examination was taken as Nil. Subsequently, at the stage of further evidence, the petitioner filed the instant application for recalling the CW1/PW3 for cross examination. The said application having been opposed by the respondent-prosecution, the Trial Court proceeded to pass the impugned order, rejecting the said application. Being aggrieved by - 3 - NC: 2025:KHC:5614 CRL.P NO.1125 OF 2025 the same, the petitioner-accused No.1 is before this Court by way of present petition. 4. A perusal of the impugned order will indicate that, though the petitioner and his counsel specifically contended that their inability and omission to cross examine the CW1/PW3 was due to their ill- health and on account of bonafide reasons, unavoidable circumstances and sufficient cause, the Trial Court came to the conclusion that the petitioner was not diligent in conducting the case and consequently rejected the application. However, having regard to the specific submission made on behalf of the petitioner by the learned counsel for the petitioner that the petitioner would cross examine the CW1/PW3 on the next date of hearing of the case which currently stands posted on 15th February, 2025 without seeking any adjournment under any circumstances whatsoever, I deem it appropriate to adopt justice oriented approach and in order to provide one more opportunity to the petitioner, set-aside the impugned order dated 10th January, 2025 and allow the application subject to certain conditions to be imposed upon the petitioner. 5. In the result, I pass the following: O R D E R 1) Criminal Petition is allowed; - 4 - NC: 2025:KHC:5614 CRL.P NO.1125 OF 2025 2) Order dated 10th January, 2025 passed in S.C. No.1015/2021 on the file of the XXVI Additional City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru, rejecting the application filed under Section 311 of the Code of Criminal Procedure is hereby set-aside; 3) The application filed by the petitioner-accused No.1 under Section 311 of the Code of Criminal Procedure to recall the CW1/PW3 for cross examination is hereby allowed subject to condition that the petitioner shall cross examine the CW1/PW3 on 15th February, 2025 without taking any adjournment under any circumstances whatsoever; 4) It is further directed that, in the event if the CW1/PW3 is not present before the Trial Court on 15th February, 2025, the petitioner shall cross examine the CW1/PW3 on any date to be fixed by the Trial Court, without seeking any adjournment under any circumstances whatsoever. SD/- (S.R. KRISHNA KUMAR) JUDGE ARK List No.: 1 Sl No.: 52