- 1 - NC: 2025:KHC:16524 CRL.P No. 5670 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 5670 OF 2025 BETWEEN: MR. V. VISHUDEVAN @ VISHU @ POCHI, S/O.C.K. VASUDEVAN, AGED ABOUT 27 YEARS, R/AT C/O. KRISHNAMURTHY, NO.53, KRISHNAMURTHY COLONY, HOSABAYAPPANAHALLI, BENGALURU – 560 038. …PETITIONER (BY SRI. CHETAN V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY BYAPPANAHALLI P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU – 560 001. 2. MR.KAUSHAL PRASAD PANIKA, S/O VISHWANATH PRANIKA, AGED ABOUT 35 YEARS, R/AT C/O. PADMAVATHI, NO.28, 8TH CROSS, NEW BYAPPANAHALLI, BENGALURU CITY, KARNATAKA – 560 038. …RESPONDENTS (BY SRI.M.V.ANOOP KUMAR, HCGP FOR R1) Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:16524 CRL.P No. 5670 of 2025 THIS CRL.P. IS FILED U/S 482 OF CR.P.C., (FILED U/S 528 BNNS) PRAYING TO ALLOW THIS PETITION AND SET ASIDE THE ORDER DATED 09.04.2025 VIDE DOCUMENT NO.4 WHEREBY REJECTED THE APPLICATION FILED BY THE PETITIONER UNDER SECTION 311 OF CR.P.C PASSED BY THE 26TH ADDL.CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU IN S.C. NO.445/2022 LODGED BY BYAPPANAHALLI POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 341, 323, 302 R/W 34 OF IPC AND CONSEQUENTLY PERMIT THE PETITIONER TO CROSS EXAMINE THE PW.1, PW-2 AND PW-4 AND GRANT SUCH OTHER ORDER OR DIRECTION AS THIS HONBLE COURT MAY DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The Petitioner/accused No.1 who is facing trial for the offences punishable under Sections 302, 323, 341 read with 34 of IPC is before this Court challenging the order passed by the Trial Court, wherein the application filed under Section 311 of Cr.PC to recall PWs.1 and 2 for cross-examination and PW.4 for further cross-examination came to be rejected. - 3 - NC: 2025:KHC:16524 CRL.P No. 5670 of 2025 2. The petitioner states that PWs.1 and 2 were not cross-examined due to change in counsels and PW.4 requires to be summoned for further cross-examination, on the ground that certain documents have to be elicited. The petitioner further states that PWs.1, 2 and 4 are alleged eyewitnesses to the incident and if petitioner/accused No.1 is not permitted to cross-examine PWs.1 and 2 and further cross-examine PW.4, the evidence testimonies of the said eye witnesses may be untested and would rightly result in conviction of the petitioner/accused for the aforesaid offences. 3. The right to recall a witness is not merely a procedural formality but a substantive right that safeguards the accused against potential miscarriage of justice. The petitioner/accused is entitled to a fair trial as guaranteed under Article 21 of the Constitution of India. Furthermore, no prejudice shall be caused to the respondent, if the petitioner is permitted to cross-examine the said witnesses. 4. In light of the above, the petitioner has established a prima-facie case to recall the said witness for examination including PW.9 whose cross examination was taken as Nil. Accordingly, I pass the following: ORDER i. Criminal petition is allowed. ii. The order dated 09.04.2025 passed by the 26th Addl. City Civil and Sessions Judge, Mayo Hall Unit, - 4 - NC: 2025:KHC:16524 CRL.P No. 5670 of 2025 Bengaluru in S.C.No.445/2022 on the application filed under Section 311 of Cr.P.C is hereby quashed and application is allowed. iii. The petitioner is permitted to cross examine PW.1, 2 and 9 on the date on which they are summoned and further cross examine PW.4 on the date on which he is summoned. Failing which, the Trial Court to proceed in accordance with law. Hand delivery of the order is permitted. Sd/- (HEMANT CHANDANGOUDAR) JUDGE RKA List No.: 1 Sl No.: 59