- 1 - NC: 2025:KHC:8788 CRL.P No. 1297 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1297 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SRI GURU PRASAD ALIAS GURU S/O. KRISHNACHARI, AGED ABOUT 34 YEARS R/AT NO.148, KADIRENAHALLI PARK, NEW COLONY, BSK 2ND STAGE, BENGALURU-560 070. 2. SRI. NITHESH KUMAR @ NITHESH S/O. SAMPATH KUMAR, AGED ABOUT 32 YEARS, R/AT NO.5/1, NEW NO.116, 11TH CROSS, KADIRENAHALLI, PADMANABHANAGAR, BSK 2ND STAGE, BENGALURU-560 070. …PETITIONERS (BY SRI. HARISH KUMAR M.T., ADVOCATE) AND: 1. STATE OF KARNATAKA BY J.P. NAGAR POLICE BENGALURU CITY, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS, BENGALURU 560 001. 2. SRI. RAGHUNANDHAN.K, S/O. K.SANJEEVA SHASTRI, AGED ABOUT 46 YEARS, R/AT NO. 2506, 14TH MAIN ROAD, 2ND STAGE, KUMARA SWAMY LAYOUT, BENGALURU-560 078. …RESPONDENTS (BY SRI.THEJESH.P, HCGP FOR R-1) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 12.06.2024 IN Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:8788 CRL.P No. 1297 of 2025 S.C.NO.545/2023 PASSED BY THE LXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH-64), AT BENGALURU AND PERMIT THE PETITIONERS TO CROSS-EXAMINE P.W-1 RAGHUNANDHAN COMPLAINANT, P.W-2 SATHYA PRAKASH-INQUEST WITNESS, P.W-3 SRINIVASA MURTHY- CIRCUMSTANTIAL, P.W-4 SMT.PADMINI-INQUEST WITNESS, P.W-17 DR.ANAND-POST MORTEM DOCTOR, P.W-18 DR.CHANDRA SHEKAR-DEPUTY DIRECTOR, RFSL, AND P.W-19 B.S.ANGADI POLICE INSPECTOR FOR JUST DECISION OF THE CASE. . THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'LE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek the following reliefs: (i) Call for T.C.R. in S.C.No.545/2013 pending on the file of the LXIII Additional City Civil and Sessions Judge, (CCH-64), at Bengaluru. (ii) Set aside the order dated 12.06.0224 and permit the petitioners to cross-examine PW-1 – Raghunandhan – Complainant, PW.2 Sathya Prakash-Inquest Witness, PW.3 Srinivasa Murthy-Circumstantial, PW.4 Smt. Padmini – Inquest Witness, PW.17 Dr. Anand – Post Mortem Doctor, PW.18 Dr. Chandra Shekar – Deputy Director, RFSL and PW.19 B.S. Angadi, Police Inspector, for just decision of the case. (iii) Pass any other order/s as deems fit in the facts and circumstances of the case in the interest of justice. 2. Heard learned counsel for the petitioners and learned HCGP for respondent No.1 and perused the material on record. - 3 - NC: 2025:KHC:8788 CRL.P No. 1297 of 2025 3. A perusal of the material on record will indicate that in the aforesaid proceedings in S.C.No.545/2013 on the file of the LXIII Additional City Civil and Sessions Judge, Bengaluru (for short “the Trial Court”), the prosecution examined several witnesses amongst whom the petitioners did not cross-examine PWs.1 to 4 and PWs.17 to 19, though they were examined-in-chief. Subsequently, citing various grounds/reasons including existence of unavoidable circumstances, bonafide reasons and sufficient cause, the petitioners preferred the instant application, which was rejected by the Trial Court, by passing the impugned order, which is assailed in the present petition. 4. A perusal of the impugned order will indicate that the Trial Court has refused to permit the petitioners to cross-examine the aforesaid witnesses on the ground that the petitioners were not diligent in cross-examining the aforesaid witnesses nor had they assigned proper, valid or cogent reasons for recalling the said witnesses. However, in order to provide one last opportunity to the petitioners to cross-examine the aforesaid witnesses, by adopting a justice oriented approach and by imposing certain terms and conditions, I deem it just and appropriate to set aside the impugned - 4 - NC: 2025:KHC:8788 CRL.P No. 1297 of 2025 order and allow the application filed by the petitioners and issue certain directions 5. In the result, I pass the following: ORDER (i) The Petition is allowed. (ii) The impugned order dated 12.06.2024 passed in S.C.No.545/2013 by the Trial Court, is hereby set aside. (iii) The witnesses viz., PWs.1 to 4 and 17 to 19 are hereby recalled subject to the petitioners paying cost of Rs.1,000/- each, to each of the aforesaid witnesses as and when they appear before the Trial Court. (iv) The petitioners are also directed to cross-examine the aforesaid witnesses before the Trial Court as and when they appear before the Trial Court without seeking any adjournment, under any circumstances, whatsoever. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC: List No.: 5 Sl No.: 1