- 1 - NC: 2025:KHC:5496 CRL.P No. 1428 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1428 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI NINGE GOWDA S/O. KARIYAPPA @ KUNDAKARIYAPPA AGED MAJOR, 54 YEARS R/AT DEVARAMALLANAYAKANAHALLI VILLAGE DEVALAPURA HOBLI, NAGAMANAGALA TALUK, MANDYA DISTRICT-571 432. …PETITIONER (BY SRI. HARIPRASAD M B.,ADVOCATE) AND: STATE OF KARNATAKA BY NAGAMANGALA RURAL POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R-1) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 18.01.2025, PASSED IN SPL.C.NO.233 OF 2016, ON THE FILE OF THE LEARNED V ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA, IN REJECTING THE APPLICATION FILED BY THE PETITIONER, U/S. 311 OF CR.P.C. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5496 CRL.P No. 1428 of 2025 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the sole accused in Spl.Case No.233/2016 is directed against the impugned order dated 18.01.2025 passed by the V Additional District and Sessions Judge, Mandya (for short “the Trial Court”), whereby the application filed by the petitioner- accused under Section 311 Cr.P.C. to recall PW.3 for further cross- examination was rejected by the Trial Court. 2. Heard learned counsel for the petitioner and learned Additional State Public Prosecutor for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that the respondent having instituted the aforesaid proceedings against the petitioner-sole accused for the offences punishable under Sections 506, 376, 450 of IPC and under Sections 4(1)(w)(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2016, the respondent examined various witnesses as PWs.1 to 14 including the victim as PW.3 and was cross-examined by the petitioner. After completion of evidence as well as arguments, when the matter was reserved for judgment, the - 3 - NC: 2025:KHC:5496 CRL.P No. 1428 of 2025 petitioner filed the instant application seeking recalling of PW.3 for further cross-examination. The said application having been opposed by the respondent-prosecution, the Trial Court came to the conclusion that the petitioner was unnecessarily protracting the proceedings and was not exercising due diligence and hence, the Trial Court rejected the application by passing the impugned order, which is assailed in the present petition. 4. Learned counsel for the petitioner submits that the matter is posted for pronouncement of judgment on 11.02.2025 and if one more opportunity is provided to the petitioner to cross- examine PW.3 on that day i.e., on 11.02.2025 or on any other date to be fixed by the Trial Court, the petitioner would complete the cross-examination of PW.3 without seeking any adjournment under any circumstances, whatsoever. 5. The said submission is placed on record. 6. In the light of the specific undertaking given on behalf of the petitioner that the petitioner would cross-examine PW.3 on the next date of hearing or on any other date to be fixed by the Trial Court without seeking any adjournment whatsoever, by adopting a justice oriented approach, I deem it just and proper to give one - 4 - NC: 2025:KHC:5496 CRL.P No. 1428 of 2025 more opportunity to the petitioner by recalling PW.3 for further cross-examination by imposing certain conditions and by setting aside the impugned order. 7. In the result, I pass the following: ORDER (i) The petition is allowed. (ii) The impugned order dated 18.01.2025 passed in Spl.C.No.233/2016 by the V Additional District and Sessions Judge, Mandya, is hereby set aside. (iii) Consequently, the application filed by the accused under Section 311 Cr.P.C. is hereby allowed, subject to the condition that the petitioner completes the cross- examination of PW.3 on 11.02.2025 or on any other date to be fixed by the Trial Court without seeking any adjournment, under any circumstances, whatsoever. (iv) It is made clear that in the event PW.3 is kept present on 11.02.2025 and the petitioner does not cross-examine PW.3 on that day, the present order shall automatically stand recalled and the Trial Court shall pronounce judgment. - 5 - NC: 2025:KHC:5496 CRL.P No. 1428 of 2025 (v) It is further directed that further cross-examination of PW- 3 by the petitioner-accused on 11.02.2025 shall not involve repetition of any question already asked nor shall the petitioner be entitled to fill up the lacunae in the evidence already on record. (vi) Apart from further cross-examination of PW.3, the petitioner shall not be entitled to recall any other witnesses nor shall he be entitled to adduce any other evidence. (vii) It is also further directed that immediately after completion of further cross-examination of PW.1, learned counsel for the petitioner-accused shall submit arguments also and the Trial Court shall proceed to pronounce judgment on merits. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 94