- 1 - HC-KAR NC: 2025:KHC:19644 CRL.P No. 5213 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.5213 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. NAGESH GOWDA EX INPUT EDITOR AGED ABOUT 38 YEARS 2. NAGABHUSHAN EX OUTPUT HEAD 3. ANAND BURLI EX REPORTER AND ANCHOR 4. AVINASH NEWS ANCHOR AGED ABOUT 36 YEARS 5. SUSHMA NAGAIAH EX NEWS ANCHOR 6. SOUMYA HEGDE EX NEWS ANCHOR AGED ABOUT 36 YEARS ALL THE ABOVE PETITIONERS ARE AT TV-9 KARNATAKA (TV9 KANNADA) CIVIL STATION NO.13 RHENIUS STREET RICHMOND TOWN BENGALURU-560 025 …PETITIONERS (BY SRI NAGENDRA DIKSHIT S., ADVOCATE) Digitally signed by NARAYANA UMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19644 CRL.P No. 5213 of 2025 AND: SRI MOHAN KUMAR A. S/O.LATE ASHWATHIAH AGED ABOUT 47 YEARS R/AT NO.265, 2ND BLOCK 6TH MAIN, R.T.NAGAR BENGALURU-560 032 …RESPONDENT (BY SRI MURTHY NAIK, SENIOR COUNSEL FOR SRI K.M.SUBAIR, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.PC. (FILED UNDER SECTION 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 27.03.2025 PASSED BY VIII ACJM, BENGLAURU IN C.C.NO.30423/2021 AND DIRECT THE RESPONDENT TO FURNISH THE CD AND OTHER NECESSARY DOCUMENTS TO THE PETITIONERS TO FACILITATE THEIR EFFECTIVE PARTICIPATION IN THE TRIAL. 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 accused Nos.4 to 9 in CC.No.30423/2021 is directed against the impugned order dated 27.03.2025, whereby the trial Court not only directed issuance of NBW as against the petitioners- accused Nos.4 to 9 but also took the cross-examination of respondent No.2-complainant (PW.1 as Nil) and posted the matter for further proceedings before the trial Court. - 3 - HC-KAR NC: 2025:KHC:19644 CRL.P No. 5213 of 2025 2. A perusal of the material on record would indicate that pursuant to the impugned complaint in PCR.No.18422/2021 filed by respondent-complainant against the petitioners-accused Nos.4 to 9 and other accused persons, which are currently pending in CC.No.30423/2021 before the trial Court, the respondent- complainant examined himself as PW.1 and the documentary evidence at Exs.P1 to P19 amongst which the Compact Disc (CD) was marked as Ex.P19 before the trial Court. 3. The petitioners did not appear before the trial Court and an exemption was sought for on their behalf and they also did not cross-examine PW.1, as a result of which, the trial Court proceeded to pass the impugned order directing issuance of NBW against the petitioners and taking cross-examination of PW.1 as 'Nil' by holding as under: "Accused No.4 to 9 absent on the ground of preoccupation on perusal of the ordersheet from - 4 - HC-KAR NC: 2025:KHC:19644 CRL.P No. 5213 of 2025 30-03-2024 till date are continuously absent by stating the same reason and valid grounds are not made out. Hence EP is rejected. Advocate for accused filed memo that the CD is not furnished to the accused. On perusal of the ordersheet the case is posted for cross examination of PW1 from 30-03-2024 and till 22-03-2025 no such submissions were made with regard to the non- furnishing of the CD or any documents for the purpose of cross examinations. Hence on perusal of the ordersheet the PW1 is present continuously for last 3 days of hearing but no attempts made by the accused No.4 to 9 to cross examined the PW1. Hence cross of PW1 is taken as nil. Issue NBW against accused N.4 to 9 and await by 09-04-2025." 4. When the matter came up before this Court on 07.04.2025, the following interim order was passed: "Issue emergent notice to the respondent. The Trial Court to furnish a copy of compact disc marked as Ex.P19, and upon furnishing of the copy of compact disc, the Trial Court is hereby directed to permit the petitioners to further cross- examine the complainant on the next date of hearing. - 5 - HC-KAR NC: 2025:KHC:19644 CRL.P No. 5213 of 2025 The NBW issued against the petitioners shall not be given effect to till the next date of hearing." 5. Learned counsel for respondent, on instructions, submits that the respondent would furnish a Compact Disc (C.D.) marked at Ex.P19 to learned counsel for petitioners, who may be directed to cross-examine PW.1 with reference to the entire evidence including the aforesaid C.D. at Ex.P19 on the next date of hearing before the trial Court, which currently stands posted on 24.07.2025. It is submitted that the respondent would handover the C.D. at Ex.P19 to learned counsel for petitioners on or before 01.07.2025 and that the petitioners may be directed to commence the cross-examination of PW.1 with reference to the entire oral and documentary evidence including the C.D. at Ex.P19 on 24.07.2025 and endeavour to complete it as expeditiously as possible. 6. Per contra, learned counsel for petitioners submits that in the event, the respondent furnishes a copy of the C.D. at Ex.P19 on or before 01.07.2025 to learned counsel - 6 - HC-KAR NC: 2025:KHC:19644 CRL.P No. 5213 of 2025 for petitioners, the petitioners would commence the cross- examination of PW.1 on 24.07.2025 and endeavour to complete the same as expeditiously as possible. His submission is placed on record. 7. In view of the aforesaid facts and circumstances and the joint submission made by both sides, I deem it appropriate to set-aside the impugned order and issue certain directions to the parties as well as the trial Court. 8. In the result, I pass the following: ORDER i) The petition is hereby allowed. ii) The order dated 27.03.2025 passed in CC.No.30423/2021 by VIII ACJM, Bengaluru is hereby set-aside. iii) The NBW issued as against the petitioners is hereby set-aside subject to condition that the petitioners shall appear before the trial Court on 24.07.2025 either through themselves or through their counsel; - 7 - HC-KAR NC: 2025:KHC:19644 CRL.P No. 5213 of 2025 iv) The respondent shall furnish a copy of the C.D. to learned counsel for petitioners on or before 01.07.2025; v) In the event, the respondent furnishes a copy of the C.D. to learned counsel for petitioners on or before 01.07.2025, the petitioners shall commence the cross-examination of PW.1 on 24.07.2025 and attempt/endeavour to conclude the same as expeditiously as possible; vi) The trial Court shall conclude the proceedings within a period of four (04) months from 24.07.2025. 9. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE LB List No.: 1 Sl No.: 58