- 1 - HC-KAR NC: 2025:KHC:24864 CRL.P No. 10624 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10624 OF 2024 BETWEEN: SRI. DINESH S/O LATE BASAVARAJU, AGED ABOUT 44 YEARS, RESIDING AT NO. 4521, NEAR GAYATHRI TEMPLE, NANJANGUD TOWN, MYSORE DISTRICT - 571 120. …PETITIONER (BY SRI. KUMARASWAMY M., ADVOCATE) AND: STATE OF KARNATAKA BY NANJANGUD POLICE STATION REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGLORE - 560 001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) *** THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 09.02.2023 PASSED BY THE HON'BLE VI ADDITIONAL DISTRICT AND SPECIAL JUDGE, MYSORE; AND ALLOW THE APPLICATION Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24864 CRL.P No. 10624 of 2024 FILED UNDER SECTION 311 OF CRPC AND GRANT SUCH OTHER RELIEF/S THAT THIS HON'BLE COURT MAY DEEM FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE. THIS CRL.P., 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 by the accused in Special Case No.43/2019 is directed against the impugned order dated 09.02.2023, whereby the application filed by the petitioner/accused to recall PW-10(CW-5) for further cross-examination was rejected by the Trial Court. 2. Heard the learned counsel for petitioner/accused and learned High Court Government Pleader for respondent-State. 3. Learned counsel for the petitioner/accused submits that the matter is posted before the Trial Court on 10.07.2025 and if the impugned order is set aside and the - 3 - HC-KAR NC: 2025:KHC:24864 CRL.P No. 10624 of 2024 petitioner is permitted to cross-examine PW-10(CW-5), either on 10.07.2025 or any date to be fixed by the Trial Court, the petitioner would do so without taking any further adjournment under any circumstances, whatsoever and the impugned order may be set aside accordingly. 4. Per contra, learned High Court Government Pleader for respondent/State submits that the impugned order may be set aside and the petitioner may be permitted to cross-examine PW-10(CW-5) on 10.07.2025 or on any date to be fixed by the Trial Court, without taking any further adjournment under any circumstances, whatsoever. 5. A perusal of the material on record including the impugned order will indicate that it is an undisputed fact that the petitioner/accused did not cross-examine PW-10(CW-5) even after affording sufficient opportunities. However, in view of the specific assertion on the part of the petitioner that his inability and omission to cross- examine PW-10(CW-5) in the proceedings was due to - 4 - HC-KAR NC: 2025:KHC:24864 CRL.P No. 10624 of 2024 bona fide reasons, unavoidable circumstances and sufficient cause, by adopting a justice oriented approach and in order to provide one more opportunity to the petitioner, I deem it just and appropriate to set aside the impugned order and permit the petitioner/accused to cross-examine PW-10(CW-5) on 10.07.2025 or on any date to be fixed by the Trial Court, without taking any adjournment, whatsoever. In the result, I pass the following: ORDER i) The Petition is allowed; ii) The impugned order dated 09.02.2023 passed by the VI Additional District and Special Judge, Mysuru, in Special Case No.43/2019, on the application filed under Section 311 of Cr.P.C. is hereby set aside; iii) The application filed by the petitioner/accused under Section 311 of Cr.P.C. - 5 - HC-KAR NC: 2025:KHC:24864 CRL.P No. 10624 of 2024 is allowed, permitting the petitioner/accused to recall PW-10(CW-5), subject to the condition that the petitioner shall cross-examine PW-10(CW-5) on 10.07.2025 or on any date to be fixed by the Trial Court, without taking any further adjournment, under any circumstances, whatsoever. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMV* List No.: 1 Sl No.: 13 CT: BHK