- 1 - NC: 2025:KHC:17230 CRL.P No. 5648 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 5648 OF 2025 BETWEEN: 1. M.G. RAVI BALAGANGADHAR, S/O M.B. GANGADHAR, AGED ABOUT 29 YEARS, R/AT NO.108 (11/A), 1ST MAIN ROAD, 1ST CROSS ROAD, NETAJILAYOUT, CHANDRALAYOUT, BANGALORE – 560 040. (AS PER AADHAR CARD RAVI BALA GANGADHAR M.G AGED ABOUT 42 YEARS, R/AT NO.111, 1ST MAIN ROAD, 1ST CROSS, OPP. NETHAJILAYOUT, BCC LAYOUT, VIJAYANAGAR, 2ND STAGE, BENGALURU – 560 040). 2. SMT. KRISHNAMMA, W/O M.B. GANGADHAR, AGED ABOUT 50 YEARS, R/AT NO.108 (11/A), 1ST MAIN ROAD, 1ST CROSS ROAD, NETAJILAYOUT, CHANDRALAYOUT, BANGALORE – 560 040. (AS PER AADHAR CARD AGED ABOUT 63 YEARS, W/O GANGADHARAIAH, R/AT NO.11/1, 1ST MAIN ROAD, 1ST CROSS, OPP. NETHAJI LAYOUT, BCC LAYOUT, VIJAYANAGAR 2ND STAGE, BENGALURU – 560 040). Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:17230 CRL.P No. 5648 of 2025 3. M.G. ARUN, S/O M.B. GANGADHAR, AGED ABOUT 19 YEARS, R/AT NO.108 (11/A), 1ST MAIN ROAD, 1ST CROSS ROAD, NETAJILAYOUT, CHANDRALAYOUT, BANGALORE – 560 040. (AS PER AADHAR CARD AGED ABOUT 32 YEARS, S/O GANGADARAYYA M.B., R/AT NO.11/1, 1ST MAIN ROAD, 1ST CROSS, OPP. NETHAJILAYOUT, BCC LAYOUT, VIJAYANAGAR 2ND STAGE, BENGALURU – 560 040). …PETITIONERS (BY SRI. SHANKARAPPA S., ADVOCATE) AND: 1. STATE OF KARNATAKA, THROUGH CHANDRA LAYOUT P.S., REPRESENTED BY S.P.P., HIGH COURT COMPLEX, BANGALORE – 560 001. 2. SRI. M.G. NANJAPPA, S/O GANGAPPA, AGED ABOUT 52 YEARS, R/AT MAVINAKERE GRAMA, TURUVEKERE TALUK, TUMKURU DISTRICT, KARNATAKA – 572 227. …RESPONDENTS (BY SRI.LAKSHMAN B., ADVOCATE) THIS CRL.P. IS FILED U/S 482 OF CR.P.C., (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE ORDER DATED 22.03.2025 IN SC.NO.1146/2011 C/W 1134/2012 ON THE FILE OF HONBLE XLV ADDL.CITY CIVIL AND SESSIONS JUDGE BENGALURU CITY (CCH-46) FOR THE OFFENCES PUNISHABLE U/S 498-A, 304(B) IPC AND SECTION 3 AND 4 OF THE DP ACT, - 3 - NC: 2025:KHC:17230 CRL.P No. 5648 of 2025 AND ALLOW THE APPLICATION FILED BY THE PETITIONERS TO RECALL PW 14 AND PERMIT TO FURTHER CROSS EXAMINE PW14. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. Learned High Court Government Pleader (HCGP) accepts notice for the respondent-State. 2. The petitioner has challenged the order passed by the learned Trial Court on an application filed under Section 311 of the Code of Criminal Procedure, 1973 (“Cr.P.C.”), seeking the recall of P.W.14, the Investigating Officer, for further cross-examination. The petitioner contended that during the cross-examination of P.W.1, the complainant, certain suggestions were denied, and in order to contradict those denials, it is necessary to further cross-examine P.W.14. However, the learned Trial Court rejected the said application on the ground that the complaint and the FIR do not constitute statements recorded under Section 161 of Cr.P.C. 3. It is pertinent to note that the proviso to Section 162 of Cr.P.C. states that when any witness is called for the prosecution during any inquiry or trial, whose statement has been reduced into writing during investigation, any - 4 - NC: 2025:KHC:17230 CRL.P No. 5648 of 2025 part of such statement, if duly proved, may be used by the accused, and with the permission of the Court, by the prosecution, to contradict such witness in the manner provided under Section 145 of the Indian Evidence Act, 1872. 4. In the present case, the petitioner seeks to further cross-examine P.W.14, the Investigating Officer, in relation to the statement recorded prior to the registration of the FIR, particularly because the complainant (P.W.1) denied specific suggestions during cross-examination. In such circumstances, in order to afford the petitioner a fair opportunity to contradict P.W.1 by confronting P.W.14 with the relevant material, a prima facie case for recalling P.W.14 for further cross-examination is made out. 5. In view of the above, in the interest of justice, the following order is passed: ORDER i. Criminal petition is allowed. ii. The impugned order dated 22.03.2025 passed in S.C.No.1146/2011 on the file of XLV Addl. City Civil and Sessions Judge, Benglauru City (CCH- 46) is hereby set aside and the application filed for recalling P.W.14 is allowed. - 5 - NC: 2025:KHC:17230 CRL.P No. 5648 of 2025 iii. The petitioner is permitted to further cross examine P.W.14 on the next date of hearing. Failing which, the Trial Court to proceed in accordance with law. Sd/- (HEMANT CHANDANGOUDAR) JUDGE RKA List No.: 1 Sl No.: 36