- 1 - NC: 2025:KHC:5903 CRL.P No. 11250 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 11250 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. GOPALAKRISHNA S/O. NANJEGOWDA, AGED ABOUT 35 YEARS, 2. SANTOSH S/O. NANJEGOWDA, AGED ABOUT 39 YEARS, 3. NANJEGOWDA S/O. BETTEGOWDA, AGED ABOUT 65 YEARS, 4. SMT. NAGAMMA W/O. NANJEGOWDA, AGED ABOUT 55 YEARS, ALL ARE RESIDENTS OF DAMMANINGALA VILLAGE, SHARAVANABELAGOLA HOBLI, CHANNARAYAPATNA TALUK, HASSANA DISTRICT-573 135. …PETITIONERS (BY SRI. CHANDRASHEKARA K A.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE POLICE OF SHRAVANABELAGOLA POLICE STATION, CHANNARAYAPATNA TALUK, HASSAN DISTRICT-573 135. Digitally signed by LEELAVATHI S R Location: High court of Karnataka - 2 - NC: 2025:KHC:5903 CRL.P No. 11250 of 2024 REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. SAHANA W/O. GOPALAKRISHNA. D. N., AGED ABOUT 26 YEARS, DAMMANINGALA VILLAGE, SHARAVANABELAGOLA HOBLI, CHANNARAYAPATNA TALUK, HASSANA DISTRICT-573 135. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R-1 SRI. RAVI KUMARA.B.R, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE ORDER DATED 01.10.2024 PASSED BY THE LEARNED IV ADDL. DIST. AND SESSIONS JUDGE SIT AT CHANNARAYAPATNA ON AN APPLICATION FILED U/S 311 OF THE CR.P.C., PENDING FOR THE OFFENCE P/U/S 498A, 323, 504, 506, 114 AND 307 R/W 34 IPC AND 3 AND 4 OF D.P. ACT AND ALLOW THE APPLICATION FILED U/S 311 OF CR.P.C, TO RECALL PWS 1 TO 7, 9, 10 AND 12 FOR THEIR FURTHER CROSS EXAMINATION. THIS PETITION, COMING ON FOR ADMISSION, 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 S.C.No.213/2023 is directed against the impugned order dated 01.10.2024 passed by the IV Additional District and Sessions Judge, Channarayapatna (for short “the Sessions Court”), whereby the application filed by the - 3 - NC: 2025:KHC:5903 CRL.P No. 11250 of 2024 petitioners-accused seeking recall of PWs.1 to 7, 9, 10 and 12 for further cross-examination was rejected by the Trial Court. 2. Heard learned counsel for the petitioners, learned Additional State Public Prosecutor 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 after completion of trial in the aforesaid proceedings in which prosecution examined PWs.1 to 12, the petitioners filed the instant application seeking recalling of PWs.1 to 7, 9, 10 and 12 for further cross-examination on the ground that certain relevant questions were inadvertently left out during the course of cross-examination. By the impugned order, the Trial Court rejected the said application, aggrieved by which the petitioners are before this Court by way of the present petition. 4. Learned counsel for the petitioners submits that if the impugned order is set aside and if one last opportunity is granted, the petitioners would complete cross-examination of PWs.1 to 7, 9, 10 and 12 on date(s) to be fixed by the Trial Court, without seeking any adjournment, under any circumstances, whatsoever. - 4 - NC: 2025:KHC:5903 CRL.P No. 11250 of 2024 5. In view of the aforesaid facts and circumstances and submission made by learned counsel for the petitioner, by adopting a justice oriented approach and to provide one last opportunity to the petitioners, I deem it just and appropriate to allow this petition by setting aside the impugned order passed by the Sessions Court. 6. Accordingly, I pass the following: ORDER (i) The petition is allowed. (ii) The impugned order dated 01.10.2024 passed in S.C.No.213/2023 by the IV Additional District and Sessions Judge, Channarayapatna, is hereby set aside. (iii) Consequently, the application filed under Section 311 Cr.P.C., is allowed. (iv) The petitioners shall complete the cross- examination of PWs.1 to 7, 9, 10 and 12 on the date(s) to be fixed by the Sessions Court without seeking any adjournment, under any circumstance, whatsoever. - 5 - NC: 2025:KHC:5903 CRL.P No. 11250 of 2024 (v) The Trial Court is directed to conclude the proceedings within two months from the date of receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 2 Sl No.: 55