- 1 - HC-KAR NC: 2025:KHC:20381 CRL.P No. 7864 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.7864 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SWAROOP S/O LATE K.P. SHIVAPPA AGED ABOUT 56 YEARS 2. SUNIL KUMAR S/O LATE K.P SHIVAPPA AGED ABOUT 45 YEARS PETITIONER NOS.1 AND 2 ARE R/AT NO.470, 19TH MAIN 36TH CROSS, 4TH ‘T’ BLOCK, JAYANAGAR BENGALURU – 560 041. …PETITIONERS (BY SRI. A.N. RADHA KRISHNA, ADVOCATE) AND: THE STATE OF KARNATAKA BY THILAKANAGAR POLICE BENGALURU 560 041 REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU – 560 001. …RESPONDENT (BY SRI. NAGESHWARAPPA K., HCGP) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 31/05/2025 PASSED BY THE LEARNED CHIEF JUDICIAL MAGISTRATE, BENGALURU CITY, IN C.C.NO.18367/2009 IN REJECTING THE APPLICATION FILED BY THE PETITIONERS / ACCUSED AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20381 CRL.P No. 7864 of 2025 ORAL ORDER In this petition, petitioners seek the following reliefs: “a) Set aside the order dated: 31.05.2025 passed by the Learned Chief Judicial Magistrate, Bengaluru City, in C.C.No.18367/2009 in rejecting the application filed by the Petitioner’s / Accused. b) Allow the application filed by the Petitioners/ Accused under Section 311 Criminal Procedure Code, consequently, recall the PW-6/Srinidhi/I.O and permit the Petitioners/Accused to confront the report submitted by the I.o. dated: 03/09/2009, in the interest of justice.” 2. Heard learned counsel for the petitioner, learned HCGP for respondent and perused the material on record. 3. A perusal of the material on record will indicate that in the aforesaid C.C.No.18367/2009 before the Chief Judicial Magistrate, Bengaluru, the petitioners have been arrayed as accused Nos.1 and 2 and they are contesting the proceedings. Accused Nos.1 and 2 have filed application under Section 311 of Cr.P.C. seeking recall of PW6 / IO for marking document i.e., report of the IO and the said application came to be rejected by the Trial Court by passing the impugned order, which is assailed in the present petition. - 3 - HC-KAR NC: 2025:KHC:20381 CRL.P No. 7864 of 2025 4. A perusal of the impugned order will indicate that the Trial Court has refused to permit the petitioners to cross-examine PW.6 / IO on the ground that the petitioners have filed the said application at the fag end of the trial when arguments of both sides are almost heard and that no sufficient explanation is provided as to why the said application is filed at the belated stage. However, in order to provide one last opportunity to the petitioners to cross- examine the aforesaid witness, PW.6, 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 petitioners by issuing certain directions. 5. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) The impugned order dated 31.05.2025 passed in C.C.No.18367/2009 by the Trial Court, is hereby set aside. (iii) The application filed by the petitioners – accused Nos.1 and 2 is hereby allowed and - 4 - HC-KAR NC: 2025:KHC:20381 CRL.P No. 7864 of 2025 PW.6 is hereby recalled for further cross- examination by the petitioners subject to the condition that petitioners shall complete evidence of PW6, on the date to be fixed by the Trial Court, without seeking any adjournment, under any circumstances, whatsoever. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 2 Sl No.: 56