- 1 - NC: 2025:KHC:7535 CRL.P No. 1891 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1891 OF 2025 BETWEEN: SAMPATH @ SAMPATHRAJ, S/O LATE RAJA, AGED 41 YEARS, R/AT 2ND CROSS, NARASIMHAYYA, K.G.HALLI, BANGALORE CITY, BANGALORE - 560 045. …PETITIONER (BY SRI. MADHU E K., ADVOCATE) AND: 1. STATE OF KARNATAKA, BY KADUGONDANAHALLI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. AMMU, W/O GOPI, AGED ABOUT 31 YEARS, 14TH CROSS, NEAR DON BASKO CHURCH, RAMASWAMYPALYA, KAMMANHALLI MAIN ROAD, BANASWADI, BANGALORE CITY, BANGALORE - 560 033. …RESPONDENTS (BY SRI.THEJESH P., HCGP FOR R1) Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7535 CRL.P No. 1891 of 2025 THIS CRL.P. IS FILED U/S 482 OF CR.P.C., (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 13.08.2024 IN SPL.C.C.NO.1764/2023 FOR THE OFFENCE P/U/S 376, 506 OF IPC AND SEC.4,6 OF POCSO ACT 2012 PENDING ON THE FILE OF THE ADDL.CITY CIVIL AND SESSIONS JUDGE FTSC-III AT BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition filed by the accused in Spl.C.C.No.1764/2023 on the file of the Fast Track Special Court-III, Bengaluru City, is directed against the impugned order dated 13.08.2024 whereby the application filed by the petitioner under Section 311 of Cr.P.C. to recall P.W.1 to P.W. 3 and P.W.5 for further cross examination was rejected by the Trial Court. 2. A perusal of material on record will indicate that the petitioner has been arraigned as an accused in the aforesaid Spl.C.C.No.1764/2023 for the offence punishable under Section 376 of IPC and Section 4 and 6 of the POCSO Act, 2012. During the course of trial, the petitioner having been represented on the panel of the counsel appointed by the District Legal Services - 3 - NC: 2025:KHC:7535 CRL.P No. 1891 of 2025 Authority, the prosecution examined P.Ws.1, 2 3 and 5 and the petitioner cross-examined all the witnesses. Subsequently, the petitioner engaged the services of the separate private counsel and filed the instant application under Section 311 of the Cr.P.C. inter-alia contending that the P.W.1 to P.W.3 as well as P.W.5 are to be recalled for the purpose of further cross-examination, on the ground that the previous counsel/advocate has left out some relevant material points/question which were relevant, crucial and essential for the purpose of establishing the defence of the petitioner. The said application having been opposed by the prosecution, the trial Court proceeded to pass the impugned order rejecting the application on the ground that petitioner has not made out valid or sufficient cause for seeking recalling the witnesses. 3. Learned counsel for the petitioner submits that the matter is posted before the trial court on 21.02.2025 and if one last opportunity is granted, the petitioner would cross-examine PW.1 to PW.3 and P.W.5 to complete the further cross-examination of PW.1 to P.W.3 and P.W.5 on any date which would be fixed by the - 4 - NC: 2025:KHC:7535 CRL.P No. 1891 of 2025 trial Court without taking adjournment under any circumstances, whatsoever. 4. In view of the aforesaid facts and circumstances and submission made by the learned counsel for the petitioner, I deem it appropriate to allow the petition and set aside the impugned order and allow the application filed by the petitioner to recall PW.1 to P.W. 3 and P.W.5 and dispose of the present petition by issuing certain directions. In the result, the following: ORDER i. Criminal petition is allowed. ii. The impugned order dated 13.08.2024 in Spl.C.C.No.1764/2023 pending on the file of Addl. City Civil and Sessions Judge, FTSC-III, Bengaluru is hereby set aside. iii. Application filed under Section 311 of the Cr.P.C. is allowed subject to the condition that the petitioner shall complete further cross-examination of PW.1 to PW.3 and PW.5 on any date fixed by the Trial - 5 - NC: 2025:KHC:7535 CRL.P No. 1891 of 2025 Court without taking any adjournment under any circumstances, whatsoever. Sd/- (S.R.KRISHNA KUMAR) JUDGE RKA List No.: 1 Sl No.: 44