- 1 - NC: 2025:KHC-D:6149 CRL.P No. 101571 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF APRIL 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO.101571 OF 2025 BETWEEN: VISHALSINGH S/O. VIJAYSING CHAVAN, AGE: 27 YEARS, OCC: DRIVER, R/O: CHIKKANANDIHALLI, POST HIRENANDIHALLI, TQ: KITTUR, NOW AT SHASTRI NAGAR, BELAGAVI, PIN CODE – 590 001. …PETITIONER (BY SRI. MAHANTESH S. HIREMATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH MARKET POLICE STATION, BELAGAVI, REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH. 2. NARAYAN S/O. VENKAPPA BHARAMANI, AGE: 52 YEARS, OCC: POLICE, R/O: ACP CRIME OFFICE BELAGAVI, PIN CODE – 590 003. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO ALLOW THIS PETITION AND QUASH THE ORDER ON APPLICATION FILED UNDER SECTION 294 OF CR.P.C. DATED 11.03.2025 IN SC NO. 206/2022 FOR THE OFFENCES UNDER SECTIONS 353, 332, 307 AND 102 OF IPC AND 25(1A) OF THE INDIAN ARMS ACT OUT OF CRIME NO.104/2022 MARKET PS BELAGAVI PENDING ON THE FILE OF IV ADDL. DIST AND SESSIONS JUDGE, BELAGAVI IN THE INTEREST OF JUSTICE. Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:6149 CRL.P No. 101571 of 2025 THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by the accused under Section 528 of Bharatiya Nyaya Sanhita, 2023, praying to quash the order dated 11.03.2025 passed in S.C. No.206/2022 and allow the application filed by the petitioner under Section 294 of the Code of Criminal Procedure (hereinafter referred to as ‘the Cr.P.C., for short). 2. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for respondent No.1/State. 3. The petitioner is facing trial in S.C. No.206/2022 registered for the offences punishable under Sections 353, 332, 307 and 102 of the Indian Penal Code (hereinafter referred to as ‘the IPC’, for short) and Section 25(1A) of the Arms Act. - 3 - NC: 2025:KHC-D:6149 CRL.P No. 101571 of 2025 4. In the said trial, at the time of recording evidence of PW.3, the petitioner has confronted one photograph to PW.3 and it has not been marked as exhibit as Section 65B certificate of Indian Evidence Act has not been produced. Thereafter, the petitioner filed an application under Section 294 of Cr.P.C. seeking permission to produce Section 65B certificate. The said application has been contested by the prosecution. The learned Sessions Judge has allowed the said application and permitted the accused to produce Section 65B certificate. 5. The prayer sought in the said application has been considered and is permitted to produce only 65B certificate. 6. The grievance of the petitioner is that, the said Section 65B certificate requires to be marked. Now the said Section 65B certificate, which is on record, has to be marked in the evidence of PW.3. Now the evidence of PW.3 is already completed. Therefore, the petitioner has - 4 - NC: 2025:KHC-D:6149 CRL.P No. 101571 of 2025 to seek recall of PW.3 for the purpose of confronting the photograph under Section 65B Certificate. 7. The learned counsel for the petitioner seeks liberty to make an application seeking recall of PW.3 for further cross-examination in order to mark the photographs under Section 65B certificate. 8. Reserving such liberty, the petition is disposed of. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE kmv CT-ASC