- 1 - HC-KAR NC: 2025:KHC:18863 CRL.P No. 7333 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7333 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SRI. VENKATESHA C K S/O LATE KECHAN MARAPPA, AGED ABOUT 52 YEARS, R/A CHIKKANAHALLI VILLAGE, CHIKKABALLAPURA TALUK, CHIKKABALLAPURA – 561 211 …PETITIONER (BY SRI. CHANDAN B. K., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY THE STATION HOUSE OFFICER, WOMEN POLICE STATION, CHIKKABALLAPURA – 562 101. REP. BY SPP, HIGH COURT, BENGALURU – 560 001. 2. HARSHIYA BHANU D/O LATE SALAM, AGED ABOUT 17 YEARS, R/A WARD NO.5, NEAR MUNICPAL COLLEGE, CHIKKABALLAPURA – 562 101. …RESPONDENTS (BY SMT. SOWMYA R., HCGP FOR R1; SRI. MANOHAR K. M., ADV. FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 05.04.2025 IN PASSED IN SPL.C.NO.77/2022 PENDING ON THE FILE OF THE HON’BLE ADDL. DISTRICT AND SESSIONS Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:18863 CRL.P No. 7333 of 2025 JUDGE (FTSC-1), CHIKKABALLAPURA AND BE PLEASED TO ALLOW THE APPLICATION FILED BY THE PETITIONERS U/S 311 OF CRPC, 1973, SEEKING RECALL OF THE COMPLAINANT FOR FURTHER CROSS-EXAMINATION. 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 This petition is directed against the impugned order dated 05.04.2025 passed in Spl.C.No.77/2022 by the Additional District and Sessions Judge, (FTSC-I), Chikkaballapura (for short “the Trial Court”), whereby the application filed by the petitioner under Section 311 Cr.P.C., to recall the victim, PW.1 for further cross- examination by the petitioner-accused No.1 was rejected by the Trial Court. 2. Heard learned counsel for the petitioner, learned HCGP for respondent No.1 and learned counsel for respondent No.2 and perused the material on record. 3. A perusal of the material on record will indicate that in the aforesaid Spl.C.No.77/2022 before the Special Court, the petitioner has been arrayed as accused No.1 and he is contesting - 3 - HC-KAR NC: 2025:KHC:18863 CRL.P No. 7333 of 2025 the proceedings. Respondent No.2 is the mother of the victim, who was examined as PW.2 and was partly cross-examined by the petitioner, who subsequently filed the instant application seeking recall of PW.1 - victim for further cross-examination and the said application came to be rejected by the Trial Court by passing the impugned order, which is assailed in the present petition. 4. A perusal of the impugned order will indicate that the Trial Court has refused to permit the petitioner to cross-examine PW.1 on the ground that the petitioner was not diligent in cross- examining the aforesaid witness nor had they assigned proper, valid or cogent reasons for recalling the said witness i.e., PW.1 for further cross-examination. However, in order to provide one last opportunity to the petitioner to cross-examine the aforesaid witness, PW.1, by adopting a justice oriented approach and by imposing certain terms and conditions, I deem it just and appropriate to set aside the impugned order and allow the application filed by the petitioner by issuing certain directions 5. In the result, I pass the following: ORDER (i) The Petition is allowed. - 4 - HC-KAR NC: 2025:KHC:18863 CRL.P No. 7333 of 2025 (ii) The impugned order dated 05.04.2025 passed in Spl.C.No.77/2022 by the Trial Court, is hereby set aside. (iii) The application, I.A.No.2 of 2025 is hereby allowed and PW.1 is hereby recalled for further cross- examination by the petitioner, on the date to be fixed by the Trial Court, without seeking any adjournment, under any circumstances, whatsoever. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 99