- 1 - HC-KAR NC: 2025:KHC:54759 CRL.P No. 17405 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL PETITION NO. 17405 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI ANJI @ ANJANEYALU S/O BALARAMAPPA, AGED ABOUT 31 YEARS, R/A MADAKAVARA PALLI, O D C MANDALAM, ANANTHAPURAM DISTRICT, ANDHRA PRADESH 515 001. …PETITIONER (BY SRI. DEVENDRA N., ADVOCATE) AND: 1. STATE OF KARNATAKA BY GUDIBANDE POLICE STATION, CHIKKABALLAPURA, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARANTAKA, BENGALURU- 560 001. 2. SRI GANGARAJU S/O VENKATARAYAPPA, AGED ABOUT 45 YEARS, R/A BOGENAHALLI VILLAGE, SOMENAHALLI HOBLI, GUDIBANDE TALUK, CHIKKABALLAPUR DISTRICT 562 101. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:54759 CRL.P No. 17405 of 2025 …RESPONDENTS (BY SMT. SOWMYA.R., ADVOCATE FOR R1) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE ORDER DATED 04.05.2024 PASSED IN SPL.S.C (POCSO) NO.120/2021 BY THE COURT OF HONBLE ADDL.DISTRICT AND SESSIONS JUDGE AND FTSC-1 (POCSO) CHIKKABALLAPURA AT ANNEXUER-E AND TO ALLOW THE APPLICATION FILED BY THE PETITIONER UNDER SEC.311 OF CR.PC COUPLED WITH. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL ORDER This petition is filed against the order passed by the Additional District and Sessions Judge and FTSC-1 (POCSO), Chikkaballapur at Annexure-E in Special SC (POCSO) No. 120/2021 dated 04.05.2024. 2. The brief facts leading to this petition are that the petitioner is the accused in Crime No. 184/2021, later registered as Special SC (POCSO) No. 120/2021. - 3 - HC-KAR NC: 2025:KHC:54759 CRL.P No. 17405 of 2025 3. The petitioner filed application under Section 311 of Cr.P.C on 17.01.2024 seeking re-call of CW-1- Sri. Gangaraju, father of the victim and CW-2 the victim. They have been examined on 07.02.2022. Petitioner had not cross examined CW-1 and CW-2. The application was filed under Section 311 of Cr.P.C. and the same came to be rejected. Being aggrieved by the said order, the petitioner has preferred this petition. 4. It is submitted by the learned counsel for the petitioner that accused is in judicial custody from the date of arrest and the copy of the deposition of PW-1 reveals that on the date of examination-in-chief, the accused counsel sought time for cross-examination. But Trial Court has rejected the prayer of the petitioner's counsel. 5. When the accused counsel was not ready for cross-examination, then the Trial Court ought to have followed the mandatory guidelines issued by the Hon'ble Apex Court in the case of VINUBHAI HARIBHAI - 4 - HC-KAR NC: 2025:KHC:54759 CRL.P No. 17405 of 2025 MALAVIYA Vs. STATE OF GUJARAT reported in (2019) 17 SCC 1. In the case on hand, the Trial Court has not followed the same. Accused is in judicial custody. The alleged commission of offence are punishable with imprisonment for 20 years. Keeping in mind the aforesaid decision, it is just and proper to allow this petition. Accordingly, I proceed to pass the following:- ORDER i. The petition is allowed. ii. The order passed by the Additional District and Sessions Judge and FTSC-1 (POCSO), Chikkaballapur in Special SC (POCSO) No.120/2021 dated 04.05.2024 is set aside. iii. The Trial Court is directed to provide an opportunity to the petitioner/accused to cross examine PW1 and PW2. - 5 - HC-KAR NC: 2025:KHC:54759 CRL.P No. 17405 of 2025 iv. The Registry is directed to send the copy of this order to the Trial Court for taking necessary action. Sd/- (G BASAVARAJA) JUDGE VS List No.: 1 Sl No.: 12