- 1 - NC: 2025:KHC:4854 CRL.P No. 14195 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 14195 OF 2024 (482(Cr.PC) / 528(BNSS)) BETWEEN: P PRASAD S/O. P. NARAYANARAO, AGED ABOUT 64 YEARS, R/AT NO. 401, 3RD MAIN ROAD, ADITI APARTMENT, BHOOPASANDRA, SANJAY NAGARA, BENGALURU-560 094. THE AGE AND ADDRESS MENTIONED IN COMPLAINT AS AGED ABOUT 45 YEARS, R/AT NO. 34, ADITI, 3RD MAIN, MLA LAYOUT, BOOPASANDRA, RMV 2ND STAGE, BENGALURU-560 094. …PETITIONER (BY SRI. M.R.HIREMATHAD, ADVOCATE) AND: SRI K M UDAYA S/O. MADAIAH, AGED ABOUT 50 YEARS, (PRESENT AGE) R/AT NO. 4/204, VISHAL PALACE, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4854 CRL.P No. 14195 of 2024 1ST CROSS, MALLESHWARAM, BENGALURU-560 010. …RESPONDENT (BY SRI. SHERVIL ADAPPA.,ADVOCATE) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 19.11.2024 ON THE APPLICATION UNDER SEC.311 OF CR.PC PASSED BY THE XIII A.C.J.M BENGALURU CITY IN C.C.NO.18041/2019 CONSEQUENTLY ALLOW THE APPLICATION FILED BY THE PETITIONER HEREIN BEFORE THE TRAIL COURT U/S 311 OF CR.PC THEREBY DIRECTING THE TRIAL COURT TO PASS AN ORDER FOR RECALLING PW- 1 FOR 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 C.C.No.18041/2019 is directed against the impugned order dated 19.11.2024 passed by the learned XIII ACJM, Bengaluru City [for short, 'the trial Court'], which rejected the application filed by the petitioner - accused under Section 311 of Cr.P.C to recall PW.1 for further cross examination. 2. Learned counsel for the petitioner on instructions, submits that in the event PW.1 is kept present before the trial Court on the next date of hearing which stands posted to 24.02.2025, the petitioner would complete the further cross examination of PW.1 - 3 - NC: 2025:KHC:4854 CRL.P No. 14195 of 2024 without seeking any adjournment under any circumstances whatsoever and the impugned order may be set aside and the present petition may be disposed of accordingly. 3. Per contra, learned counsel for the respondent - complainant submits that in the event the petitioner were to complete the further cross examination of PW.1 on 24.02.2025 without seeking any adjournment under any circumstances whatsoever, the respondent does not have any objection for the impugned order to be set aside and the petition may be disposed of accordingly. 4. In view of the aforesaid facts and circumstances, petition stands disposed of setting aside the impugned order dated 19.11.2024 passed in C.C.No.18041/2019 and the application filed by the petitioner under Section 311 of Cr.P.C is hereby allowed. PW.1 is recalled for further cross examination by the petitioner, subject to the condition that the petitioner shall complete cross examination of PW.1 on 24.02.2025 without seeking any adjournment on the said date under any circumstances whatsoever. - 4 - NC: 2025:KHC:4854 CRL.P No. 14195 of 2024 5. It is made clear that in the event PW.1 is present before the trial Court on 24.02.2025 and the petitioner does not complete the further cross examination of PW.1 on that day, the present order would stand automatically recalled and the impugned order would stand confirmed. Subject to the aforesaid directions, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE RB