- 1 - NC: 2025:KHC:6557 CRL.P No. 1494 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1494 OF 2024 BETWEEN: DEVARAJ HOSAMANI @ DEVA, S/O HANUMANTH, AGED ABOUT 20 YEARS, RESIDING AT SUGURU VILLAGE, YADAGIRI TALUQ, KARNATAKA - 585 201. …PETITIONER (BY SRI. SANMUKH REDDY., ADVOCATE) AND: 1. STATE OF KARNATAKA, BY KUMARA SWAMY LAYOUT POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING PREMISES, BANGALORE - 560 001. 2. SHANTHI W/O LATE NARAYANA, AGED ABOUT 39 YEARS, NUMBER 680, 27TH CROSS, KUMARA SWAMY LAYOUT, BANGALORE - 560 078. …RESPONDENTS (BY SRI.THEJESH P., HCGP FOR R1 AND R2) THIS CRL.P. IS FILED U/S.482 OF CR.P.C., PRAYING TO SET ASIDE THE ORDER IN SPL.C.C.NO.736/2023 ORDER DATED Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6557 CRL.P No. 1494 of 2024 30.01.2024 WHICH IS PASSED BY THE FTSC-III COURT, BENGALURU ORIGINATED FROM CRIME NO.28/2023 OF RESPONDENT KUMARSWAMY LAYOUT POLICE STATION FOR THE OFFENCE P/U/S/376 OF IPC AND SEC.4, 6 OF POCSO ACT 2012 AND PERMIT TO CROSS EXAMINATION OF PW-1 AND PW-2 BY ALLOWING THIS CRIMINAL PETITION. 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 1. In this petition, petitioner seeks for the following relief: "To set aside the order in SPl.C.C.No.736/2023, order dated 30.01.2024, which is passed by the Hon'ble Fast Track SPl. Court-III, (FTSC-III) at Bangalore, originated from crime No.28/2023 of respondent Kumarswamy layout Police Station, for offence P/U/Sec.376 of IPC and 4, 6 of POCSO Act 2012, and permit to cross examination of PW-1 and PW-2, and pass such other orders that, this Hon'ble court deems fit in circumstancesof the case by allowing this criminal petition in the ends of Justice." 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for respondents No.1 and 2. 3. A perusal of the material on record will indicate that the petitioner is arraigned as accused No.1 in Special C.C.736/2023 for the offences under Section 376 of IPC and 4 & 6 of the POCSO - 3 - NC: 2025:KHC:6557 CRL.P No. 1494 of 2024 Act, 2012. In the said proceedings, prosecution examined PW-1 and PW-2 who were not cross-examined by the petitioner-accused who filed application under Section 311 of the Cr.P.C. to recall PW- 1 and PW-2 for cross-examination. The said application having been rejected by the trial court vide impugned order dated 30.01.2024, the petitioner is before this Court by way of present petition. 4. Learned counsel for the petitioner submits that the matter is posted before the trial court on 17.02.2025, and if one more opportunity is granted by setting aside the impugned order and allowing the application filed by the petitioner under Section 311 of the Cr.P.C., the petitioner would conduct the cross-examination of both PW-1 and PW-2 on the next date of hearing to be fixed byt eh trial court. 5. Submission is placed on record. 6. In view of the aforesaid facts and circumstances and in order to provide one more opportunity to the petitioner to cross-examination PW-1 and PW-2, I deem it appropriate to set aside the impugned - 4 - NC: 2025:KHC:6557 CRL.P No. 1494 of 2024 order and allow the application filed by the petitioner to cross- examine PW-1 and PW-2 on the date to be fixed by the trial court. 7. In the result, I pass the following: Order i) The petition is hereby allowed. ii) The impugned order dated 30.01.2024, passed in Spl.C.C.No.736/2023 by the Hon'ble Fast Track Spl. Court III (FTSC-III), Bengaluru, is hereby set aside. iii) Consequently, the application under Section 311 of the Cr.P.C. is allowed, subject to the condition that the petitioner shall cross-examine both PW-1 and PW-2, on the date to be fixed by the trial court, without taking any adjournment under any circumstances, whatsoever. Sd/- (S.R.KRISHNA KUMAR) JUDGE RD