- 1 - NC: 2025:KHC:6835 CRL.P No. 2808 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 2808 OF 2024 BETWEEN: SRI. PRASANNA SHENOY S/O NARAYANA SHENOY AGED ABOUT 62 YEARS, R/AT VASUDEVA KRIPA, THENKILA ROAD, PUTTUR, D.K. DISTRICT – 574 201. …PETITIONER (BY SRI. SUYOG HERELE.E, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH KADABA P. S, D.K. DISTRICT, REPRESENTED BY SPP, HIGH COURT BUILDINGS, BENGALURU - 560 001. 2. SRI. WILFRED RODRIGUES AGED ABOUT 37 YEARS, KUTRUPPADDY VILLAGE, KADABA TALUK, D.K. DISTRICT - 574 221. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL.SPP FOR R1, NOTICE TO R2 IS DISPENSED WITH VIDE ORDER DATED 14/02/2025) Digitally signed by MAYAGAIAH VINUTHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6835 CRL.P No. 2808 of 2024 THIS CRL.P. IS FILED U/S 482 OF CR.P.C. PRAYING TO SET ASIDE BY THE PERMISSION GRANTED BY THE LEARNED MAGISTRATE TO MARK EX P.4 TO 7 AND EX.P 8 TO 12 AND DISCARD THE EVIDENCE OF PW1 TO THE EXTENT OF MARKING OF EX P.4 TO 7 AND EX.P 8 TO 12 i.e., 4 PHOTOGRAPHS AND 5 CDs BY THE PROSECUTION THROUGH PW.1 IN HIS CHIEF EXAMINATION ON 07.11.2023 IN C.C.NO.382/2021 ON THE FILE OF THE LEARNED II ADDL.CIVIL JUDGE AND J.M.F.C PUTTUR D.K., DISTRICT PRODUCED AT DOCUMENT NO.5. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: (a) Allow the Criminal Petition and set-aside by the permission granted by the learned magistrate to mark EX.P.4 to 7 and EX.P.8 to 12 and discard the evidence of PW1 to the extent of marking of EX.P.4 to 7 and EX.P.8 to 12 i.e., 4 photographs and 5 CDs., by the Prosecution through P.W.1 in his Chief Examination on 07.11.2023 in C.C.No.382/2021 on the file of the learned II Additional Civil Judge and JMFC, Puttur, D.K., District; produced at Document No.5. (b) Grant such other relief or reliefs as this Hon’ble Court may deem fit to grant, in the facts and circumstances of the case, in the interest of justice and equity. 2. For the order proposed, notice to respondent No.2 is dispensed with. - 3 - NC: 2025:KHC:6835 CRL.P No. 2808 of 2024 3. Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and perused the material on record. 4. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner invited my attention to the proceedings in the impugned C.C.No.382/2021 pending before the trial Court in which respondent No.1 was examined as PW.1 and documentary evidence at Exs.P4 to 12 were marked by the prosecution before the trial Court. In this context, it is submitted by the learned counsel for the petitioner that the said documents were neither admissible nor relevant apart from not being proved nor having probative value and that despite objections raised by the petitioner, the trial Court has proceeded to mark said documents in evidence without adjudicating upon the contentions raised by the petitioner regarding admissibility, relevance, proof and probative value etc., and as such, the petitioner is before this Court by way of the present petition. 5. Per contra, learned Addl. SPP submits that the present petition may be disposed of leaving open all the - 4 - NC: 2025:KHC:6835 CRL.P No. 2808 of 2024 contentions raised by the petitioner as regards the entire evidence of PW.1 and other witnesses and documents including Exs.P5 to P12 to be adjudicated by the trial Court at the time of final disposal of the proceedings after considering the objections of the petitioner in accordance with law. 6. In view of the aforesaid facts and circumstances and in view of the procedure laid down by the Apex Court in the case of Bipin Shantilal Panchal Vs State of Gujarat and another reported in AIR 2001 SC 1158, I deem it just and appropriate to dispose of this petition directing that the various contentions urged by the petitioner as regards admissibility, proof, relevance, probative value etc., of the oral and documentary evidence adduced by the petitioner including the evidence of PW.1 and other witnesses and Exs.P4 to 12 to be kept open and to be decided at the time of the final disposal of the proceedings before the trial Court. All rival contentions in this regard between the petitioner and the respondents are kept open to be decided by the trial Court in accordance with law and no opinion is expressed on the same. - 5 - NC: 2025:KHC:6835 CRL.P No. 2808 of 2024 With the aforesaid directions, the petition stands disposed of. SD/- (S.R.KRISHNA KUMAR) JUDGE VM List No.: 1 Sl No.: 66