- 1 - HC-KAR NC: 2025:KHC:19568 CRL.P No. 3361 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 3361 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: MR. SADASHIVAIAH S/O LATE GUNDAPPA, AGED ABOUT 48 YEARS, R/AT DIBBADAHALLI, SHETTIKERE HOBLI, CHIKKANAYAKANAHALLI TALUK, TUMAKURU DISTRICT – 572 226. …PETITIONER (BY SRI. PRAJITH C.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY THE POLICE TIPTUR TOWN POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE – 560 001. 2. MR. YATHISHA S/O LATE BASAVARAJU, AGED ABOUT 38 YEARS, R/O DODDAIAHANA PALYA, TIPTUR TALUK-572202 TUMAKURU DISTRICT – 572 201. 3. MRS. SHARADAMMA W/O LATE BASAVARAJU, AGED ABOUT 60 YEARS, R/O DODDAIAHANA PALYA, TIPTUR TALUK-572 202. TUMAKURU DISTRICT – 572 201. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, AGA FOR R-1 NOTICE TO R-2 & R-3 SERVED AND UNREPRESENTED) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19568 CRL.P No. 3361 of 2024 THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 19.03.2024 AND ALLOW THE APPLICATION FILED UNDER SEC.311 OF CRPC IN S.C.NO.10010/2017 WHICH IS PENDING BEFORE THE HONBLE 5th ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU (SITTING TIPTUR). 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 by the complainant in S.C.No.10010/2017 is directed against the impugned order dated 19.03.2024 passed by the trial court, which rejected the application filed by the prosecution to recall PW-1 for further evidence. 2. Heard learned counsel for the petitioner and learned HCGP for the 1st respondent – State and perused the material on record. Though the notice of this petition has been served upon respondents 2 and 3, they have remain unrepresented and not contested the petition. 3. A perusal of the material on record will indicate that the aforesaid proceedings having been initiated at the instance of the petitioner – complainant against respondents 2 and 3 – accused Nos. 1 and 2 for offences punishable under Sections 498-A, 304-B - 3 - HC-KAR NC: 2025:KHC:19568 CRL.P No. 3361 of 2024 and 302 r/w Section 34 IPC; the prosecution examined PW-1 as one of the witness along with other witnesses and the matter was posted for defence evidence and on which date, the prosecution filed the instant application under Section 311 Cr.P.C. to recall PW- 1 for cross-examination and to mark additional documents. The said application having been opposed by respondents 2 and 3 – accused, the trial court proceeded to pass the impugned order rejecting the application on the ground that the documents sought to be produced was neither relevant nor material for adjudication of the instant case. In this context, it is relevant to state that a perusal of the application filed by the prosecution will indicate that the documents referred to in the application was relevant and material apart from being necessary for the purpose of adjudication of the instant case and consequently, by adopting a justice oriented approach, I deem it just and appropriate to allow the petition by setting aside the impugned order passed by the trial court. 4. In the result, I pass the following:- ORDER (i) Petition is hereby allowed. - 4 - HC-KAR NC: 2025:KHC:19568 CRL.P No. 3361 of 2024 (ii) The impugned order dated 19.03.2024 passed in S.C.No.10010/2017 by the trial court is hereby set aside. (iii) The application dated 29.02.2024 filed by the prosecution under Section 311 Cr.P.C. stands allowed. (iv) Liberty is reserved in favour of the respondents – accused Nos. 1 and 2 to cross-examine PW-1 with reference to the additional documents and also adduce additional evidence, if they are so advised. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.