- 1 - HC-KAR NC: 2025:KHC:48797 CRL.P No. 14613 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14613 OF 2025 BETWEEN: SUHAIL @ ABDUL RAHIMAN SUHAIL S/O HUSAIN AGED ABOUT 23 YEARS R/AT NO. 17-63-14 JAMALIYA ROAD MUKKACHERRI, ULLAL MANGALORE D.K. DISTRICT-575 020 …PETITIONER (BY SRI. LETHIF B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ULLAL POLICE STATION D.K. DISTRICT REP. BY SPP HIGH COURT BUILDING BANGALORE-560 001 2. ASIF S/O. ABDULLA AGED ABOUT 40 YEARS R/AT NO. 16/17/4, MUKKACHERRY HYDERALI ROAD, ULLAL D.K. DISTRICT-575 020 …RESPONDENTS (BY SRI. ANOOP KUMAR M.V., HCGP FOR R1) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:48797 CRL.P No. 14613 of 2025 THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DTD 01.07.2025 ON A APPLICATION FILED U/S 311 OF CR.P.C IN SC.NO.28/2022 OF ULLAL P.S., FOR THE OFFENCES P/U/S 120(B),107,109,326,302 R/W 34 OF IPC, U/S 4 AND 24 OF THE ARMS ACT, ON THE FILE OF III ADDL. DISTRICT AND SESSIONS JUDGE, MANGALORE, WHICH IS PRODUCED AT ANNEXURE-A. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners being aggrieved by the rejection of the application filed by them under Section 311 of Cr.P.C., by the learned Session Judge, has preferred this petition. 2. Petitioners are accused Nos.1 and 2 respectively wherein, the charge sheet is filed against accused Nos.1 to 7 for the offence punishable under Section 120B, 107, 109, 326, 302 r/w 34 of IPC and under Section 4 and 24 of the Arms Act. 3. The charge sheet was filed in the year 2017. After committal of the case and framing of charges, the - 3 - HC-KAR NC: 2025:KHC:48797 CRL.P No. 14613 of 2025 trial has commenced. The application under Section 311 Cr.P.C., is filed on 25.06.2024 to recall PW1, PW2, PW3, PW4, PW8 and PW16 for the purpose of further cross- examination. The learned Session Judge vide impugned order has rejected the said application after assigning reasons. Even though the learned counsel for petitioner would restrict his prayer to permit the petitioners to cross- examine only PW2 and PW3 on the ground that they are the eye witnesses and their cross-examination is very much necessary, this Court finds from their deposition that they have been extensively cross examined by the defence. It is relevant to see that the chief examination of PW2 and PW3 was conducted on 17.11.2020 and they were cross examined on behalf of the petitioners/accused Nos.1 and 2. The application under Section 311 Cr.P.C. is at the fag end, when the case was posted for recording the statement of the accused under Section 313 Cr.P.C. 4. This Court having perused the material on record, is of the firm view that sufficient opportunity was - 4 - HC-KAR NC: 2025:KHC:48797 CRL.P No. 14613 of 2025 given to the petitioners to cross-examine the witnesses and in fact the witnesses were cross-examined. There is no error in dismissing the application. There is no merit in the case. Petition is dismissed. I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 47