- 1 - HC-KAR NC: 2025:KHC:28529 CRL.P No. 9363 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9363 OF 2025 BETWEEN: 1. MURUGA @ MURUGAN, S/O. LATE. KASHI, AGED ABOUT 35 YEARS, R/AT. NO.53, RAJENDRA BUILDING, CHENNAMMANACHOULTRY ROAD, DOLLARS COLONY, NAGASHETTYHALLI, BENGALURU - 560 094. PERMANENTLY R/O AT: TALLAPADY VILLAGE, UTHANGAR TALUK, KRISHNAGIRI DISTRICT, TAMIL NADU - 635 207. …PETITIONER (BY SMT.SWATHI R BHAT., ADVOCATE FOR; SMT.JAYANTHI R., ADVOCATE) AND: 1. STATE OF KARNATAKA, BY SANJAY NAGAR POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. SHANKAR S, S/O LATE SABHAPATHI, AGED ABOUT 33 YEARS, Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28529 CRL.P No. 9363 of 2025 RLAT NO 142, 1 THE CROSS, MARUTHI NAGAR, BHADRAPPA LAYOUT, NAGASHETTYHALLI, BANGALORE - 560 094. …RESPONDENTS (BY SRI.RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO ALLOW THIS PETITION AND TO QUASH THE PROCEEDINGS PRAYING TO SET ASIDE THE ORDER DTD 07.08.2024 REJECTING THE APPLICATION FILED BY THE PETITIONER U/S 311 OF CRPC FOR RECALL OF PW-5 AND 22, FOR FURTHER CROSS EXAMINATION PASSED IN S.C.NO.278/2017 ON THE FILE OF THE HONBLE COURT LVIII ADDL. CITY CIVIL AND SESSIONS JUDGE, (CCH-59) BENGALURU AND CONSEQUENTLY ALLOW THE PETITION AND RECALL PW-5 AND 22 ONLY, FOR FURTHER CROSS EXAMINATION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Petitioner is before this Court assailing the order dated 07.08.2024 rejecting the application filed by the petitioner under Section 311 of Cr.PC to recall PW.5 and PW.22 for the purpose of further cross-examination in S.C.No.278/2017 pending before the Court of LVIII Additional City Civil and Sessions Judge, Bengaluru. - 3 - HC-KAR NC: 2025:KHC:28529 CRL.P No. 9363 of 2025 2. Heard the learned counsel for the petitioner and learned Counsel for respondent-State. 3. Petitioner had filed a similar application earlier before the trial Court which was dismissed on 01.08.2023 and the same was questioned before this Court in Crl.P.No.9475/2023. This Court had dismissed the said petition on 04.03.2024 and in paragraph No.5 and 6 of the said order, this Court has observed as follows: "5. A perusal of the material on record would go to show that PW 5 was examined and cross-examined on 09.03.2020, PWs 7 and 8 were examined and cross-examined on 25.10.2021 and PW 22 was examined and cross-examined on 17.10.2022. Thereafter, the statement of accused was recorded under Section 313 of Cr.P.C. and the matter was posted for final arguments. It is only at this stage, an application under Section 311 of Cr.P.C. was filed by accused before the Trial Court. 6. From a perusal of the depositions of the aforesaid witnesses, it is seen that the defence has cross-examined the said witnesses. PW 7 has in fact turned hostile to the case of the prosecution. The application is filed at a belated stage when the case was posted for arguments. The case is pending before the Trial Court ever since the - 4 - HC-KAR NC: 2025:KHC:28529 CRL.P No. 9363 of 2025 year 2017. Therefore, learned Magistrate has rightly dismissed the application. Under the circumstances, I do not find any good ground to interfere with the same. Accordingly, the petition is rejected." 4. After dismissal of Crl.P.No.9475/2023 vide order dated 04.03.2024, petitioner has once again filed similar application before the trial Court and the trial Court after taking into consideration the order passed by this Court in Crl.P.No.9475/2023 has rightly dismissed the said application vide impugned order dated 07.08.2024. This Court while dismissing Crl.P.No.9475/2023 vide order dated 04.03.2024 had taken note of the fact that the case before the trial Court was at the stage of final arguments. Even as on this date, the case before the trial Court is at the stage of final argument and therefore, it is apparent that petitioner by filing repeated applications has been unnecessarily prolonging the disposal of the main case. 5. The crime is of the year 2016 and though, the case before the trial Court is at the stage of arguments for the last two years, there is no much progress in the case. - 5 - HC-KAR NC: 2025:KHC:28529 CRL.P No. 9363 of 2025 6. Accordingly, this petition is dismissed directing the trial Court to dispose of the main case as expeditiously as possible on merits. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 1