- 1 - HC-KAR NC: 2025:KHC:20657 CRL.P No. 13304 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 13304 OF 2024 BETWEEN: SRI. SENTHIL SANGAY RAJ, S/O SAVARIYAPPAN AGED ABOUT 37 YEARS, RESIDING AT NEAR BALDWIN INTERNATIONAL SCHOOL, NEAR VBHC APARTMENTS, BYGADADENAHALLI VILLAGE, KASABA HOBLI, ANEKAL TALUK, BANGALORE DISTRICT - 562 106. …PETITIONER (BY SRI. SUBRAMANYA H.V, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ANEKAL POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. A. THEENA THAYALAN, S/O ALAGARSWAMY, AGED ABOUT 42 YEARS, RESIDING AT NO.705, 29TH BLOCK, VBHC APARTMENT, BYGADADENAHALLI VILLAGE, KASABA HOBLI, ANEKAL TALUK Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20657 CRL.P No. 13304 of 2024 BANGALORE DIST. - 562 106. …RESPONDENTS (BY SRI. NAGESHWARAPPA K, HCGP FOR R1) THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 14.11.2024 PASSED ON THE APPLICATION DATED 28.10.2024 FILED BY THE PETITIONER U/S.311 OF CRPC IN SPL.C.C.NO.166/2020 ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC III BENGALURU RURAL DISTRICT, THEREBY ALLOW THE APPLICATION FILED BY THE PETITIONER U/S.311 OF CRPC. 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 Heard learned counsel for the petitioner, learned High Court Government Pleader for respondent No.1 and perused the material on record. 2. A perusal of the material on record will indicate that in the aforesaid proceedings in Spl.C.C.No.166/2020 for the offence under Sections 376 of IPC r/w Sections 3(a), 3(b), 3(c), 7, 8, 11(i), 11(ii), 11(iv) and 12 of POCSO Act, 2012, the victim was examined as PW.1 and the father/de-facto complainant was examined as PW.2. The petitioner cross-examined PW.2 and could not cross- examined PW.1 and as such, filed instant application seeking to - 3 - HC-KAR NC: 2025:KHC:20657 CRL.P No. 13304 of 2024 recall PW.1 for cross-examination. The said application filed by the petitioner to recall PW.1-Kumari T.Vennila has been rejected by the Trial Court vide impugned order dated 14.11.2024 passed in Spl.C.C.No.166/2020. Accordingly, the petitioner is before this Court by way of the present petition. 3. A perusal of the material on record including the impugned order, will indicate that the Trial Court has come to the conclusion that no indulgence can be shown in favour of the petitioner, since PW.1 was the victim and should not be repeatedly called to the Court for the purpose of giving her testimony. However, having regard to the assertion on the part of the petitioner that his inability and omission to cross-examine PW.1 earlier was on account of bonafide reasons, unavoidable circumstances and sufficient cause, inasmuch as he was only in the position to cross-examine the father/PW.2, which went on upto 4.45 p.m., on account of which, he could not cross examine PW.1 resulting in her being discharged, I deem it just and appropriate to adopt a justice oriented approach and set aside the impugned order and allow the application filed by the petitioner/accused and permit him to cross-examine PW.1 on a date to be fixed by the Trial - 4 - HC-KAR NC: 2025:KHC:20657 CRL.P No. 13304 of 2024 Court without taking any adjournment under any circumstances whatsoever. As a result, I pass the following: ORDER i. The petition is hereby allowed. ii. The impugned order dated 14.11.2024 is hereby set aside. iii. The application filed by the petitioner under Section 311 of Cr.P.C stands allowed subject to the condition that the petitioner shall cross examine PW.1 without fail and without taking any adjournment under any circumstances whatsoever on a date to be fixed by the Trial Court. iv. It is made clear that in the event the petitioner does not cross examine PW.1 on the date to be fixed by the Trial Court, this order stands automatically recalled and the present petition shall stand dismissed without further orders and without reference to the Bench. Sd/- (S.R.KRISHNA KUMAR) JUDGE rv List No.: 1 Sl No.: 11 CT: BHK