- 1 - NC: 2025:KHC:9027 CRL.P No. 2452 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 2452 OF 2025 BETWEEN: 1. SRI. SANDEEPA SON OF NAGARAJA, AGED ABOUT 27 YEARS, RESIDING AT 4TH CROSS, ASHWATH NAGARA, MARATAHALLI BENGALURU - 560 037. …PETITIONER (BY SRI. RUDRAPPA P., ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH H A L PS, REPRESENTED STATE PUBLIC PROSECUTOR, HIGH COURT OF KARATNAKA BENGALURU - 572 101. 2. MANJUNATH R SON OF RAMAN AGED ABOUT 21 YEARS R/O NO.217 6TH CROSS ASHWATH NAGARA MARATAHALLI, BENGALURU CITY. …RESPONDENTS (BY MR. RAHUL RAI, HCGP) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ORDER IN S.C NO. 1514/2019 DATED 17-01-2025 PASSED Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9027 CRL.P No. 2452 of 2025 BY THE HONBLE XXVI ADDL. CIVIL AND SESSIONS JUDGE, MAYOHALL UNIT, BENGALURU AND ALLOW THE APPLICATION FILED BY THE PETITIONER / ACCUSED BEFORE TRAIL COURT U/S 311 OF CRPC 1973. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The learned High Court Government Pleader accepts notice for respondent No.1-State. 2. The petitioner who is facing trial for the offence punishable Section 307 of IPC is before this Court challenging the order passed by the Trial Court in rejecting the application filed under Section 311 of Cr.P.C. 3. The prosecution to prove its case, in all examined 6 witnesses as P.W.1 to P.W.6. After the examination of the P.W.6, the Trial was set out for cross examination. However, the accused did not chose to cross examine the P.W.6, although several opportunities were granted, and the cross examination of PW.6 was taken as nil, and the matter was posted for recording statements of the accused under section 313 Cr.P.C. The petitioner filed - 3 - NC: 2025:KHC:9027 CRL.P No. 2452 of 2025 an application for recalling P.W.6 for cross examination, and the Trial Court rejected the application. 4. Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State. 5. Although several opportunities were granted to cross-examine P.W.6, the accused could not cross examine P.W.6 on account of death of the counsel on record. 6. Be that as it may be. P.W.6 is the Investigating Officer and is a material witness. If the petitioner is not permitted to cross-examine the testimony of P.W.6 it would remain unchallenged and may result in conviction of the petitioner-accused. Therefore, in order to ensure fair trial as envisaged under Article 21 of Constitution of India, it would be appropriate, if one more opportunity is granted to the petitioner to cross-examine P.W.6. Accordingly, I pass the following: - 4 - NC: 2025:KHC:9027 CRL.P No. 2452 of 2025 ORDER i) Criminal petition is allowed. ii) The impugned order dated 17.01.2025 passed by the learned XXVI Additional Civil and Sessions Judge, Mayohall Unit, Bengaluru, in S.C.No.1514/2019 is hereby set aside and consequently, the application filed under Section 311 of Cr.P.C. is allowed. iii) The petitioner is permitted to cross examine P.W.6 on the date on which he would be summoned, failing which, the Trial Court shall proceed in accordance with law. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 2 Sl No.: 2