- 1 - NC: 2025:KHC:9644 CRL.P No. 6206 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 6206 OF 2024 BETWEEN: 1. SRI JAMBURAJ L S/O SRI LINGANNA AGED ABOUT 55 YEARS R/AT NO 38/2, 1ST FLOOR, GRAMADEVATHA STREET UPPARAHALLI, NEAR KEMPEGOWDA STATUE LALBAGH, BENGALURU SOUTH BASAVANAGUDI, BENGALURU - 560 004. …PETITIONER (BY SRI. CHANDRASHEKAR P., ADVOCATE) AND: 1. SMT N RENUKA W/O SRI MOHAN B R AGED ABOUT 54 YEARS OCC: HOUSEWIFE R/AT NO 71, RAMAMANDIRA ROAD BASAVANAGUDI BENGALURU - 560 004. …RESPONDENT (BY SRI. JAYA SHANKAR Y J., ADVOCATE) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO ALLOW THIS CRIMINAL PETITION AND SET ASIDE THE ORDER DATED 07.06.2024 PASSED BY THE LEARNED XIII ACMM BENGALURU IN C.C.NO.15943/2019 AND ALLOW THE APPLICATION FILED BY THE PETITIONER U/S.311 OF CODE OF CRIMINAL PROCEDURE TO RECALL PW-1 FOR FURTHER CROSS- EXAMINATION. Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9644 CRL.P No. 6206 of 2024 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 challenges the order passed by the Trial Court, wherein the application filed under Section 311 of the Cr.P.C. to recall P.W.1 for further cross-examination was rejected. 2. The complainant was examined as P.W.1, and after her examination-in-chief, the petitioner-accused cross- examined P.W.1. Subsequently, the matter was set for the examination of defense evidence, if any. After the accused’s cross-examination of P.W.1, the matter was set for final arguments. At that stage, the petitioner-accused filed an application under Section 311 of the Cr.P.C., seeking to further cross-examine P.W.1 on the ground that additional documents were confronted during the cross-examination of D.W.1, making further cross-examination of P.W.1 necessary. The Trial Court rejected this application. Hence, this petition is filed. 3. Heard the learned counsel for the parties and perused the material on record. 4. A perusal of the application filed under Section 311 of the Cr.P.C. indicates that the accused seeks further cross- examination of P.W.1 on the grounds that some vital questions were left unanswered and that the complainant confronted additional documents during the cross-examination of D.W.1. - 3 - NC: 2025:KHC:9644 CRL.P No. 6206 of 2024 The Trial Court, without considering the reasons assigned in the application, dismissed it on the grounds that the application was filed at the time of final arguments and was merely intended to protract the proceedings. 5. It is admitted that the accused cross-examined D.W.1. However, the accused contends that certain documents were introduced during the cross-examination of D.W.1 and that some vital questions were omitted during the cross- examination of P.W.1. In these circumstances, the petitioner has made a prima facie case for further cross-examination of P.W.1. Therefore, to ensure a fair trial as envisaged under Article 21 of the Constitution of India, it is appropriate to grant the petitioner one more opportunity to cross-examine P.W.1. Accordingly, I pass the following: ORDER i) Criminal petition is allowed. ii) The impugned order dated 7.6.2024 passed by the learned XIII Additional Chief Metropolitan Magistrate, Bengaluru, in C.C.No.15943/2019 is hereby set aside and consequently, the application filed under Section 311 of Cr.P.C. is allowed. iii) The petitioner is permitted to cross examine P.W.1 on the date on which he would be summoned, failing which, the Trial Court shall proceed in accordance with law. - 4 - NC: 2025:KHC:9644 CRL.P No. 6206 of 2024 iv) This order is subject to the petitioner paying a sum of Rs.1,000/- to the complainant on or before the next date of hearing. v) The Trial Court to conclude the proceedings within a period of 6 weeks from the next date of hearing. It is made clear that no further application will be entertained by the Trial Court. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 1 Sl No.: 108