- 1 - NC: 2025:KHC:8344 CRL.P No. 1506 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1506 OF 2025 BETWEEN: NIKHIL KUMAR.S @ NIKHIL @ BAYYA S/O RAMAJI, AGED ABOUT 20 YEARS, R/AT NARASIMHAMURTHY BUILDING, VINAYAKA NAGARA, BASHETTIHALLI, KASABA HOBLI, DODDABALLAPUR TALUK BANGALORE DISTRICT-561 203. …PETITIONER (BY SMT. YUKTHA .N FOR SRI. SIDDAPPA V.D, ADVOCATE) AND: STATE OF KARNATAKA RAJANUKUNTE POLICE STATION REPRESENTED BY HCGP, HIGH COURT OF KARNATAKA, BANGALORE-560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1) THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO SETTING ASIDE THE ORDER DATED 30.12.2024 PASSED BY THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-III, BENGALURU RURAL DISTRICT, BENGALURU, REJECTING THE APPLICATION FILED BY THE ACCUSED U/S 311 OF THE CR.P.C PRAYING THE COURT TO RECALL WITNESSES P.W.1-10 AND 12-14 FOR CROSS EXAMINATION AND CONSEQUENTLY ALLOW THIS APPLICATION FILED U/S 311 OF CRPC VIDE ANNEXURE A. Digitally signed by MAYAGAIAH VINUTHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8344 CRL.P No. 1506 of 2025 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 Spl.C.No.1373/2023 is directed against the impugned order dated 30.12.2024 passed by the Addl. District and Sessions Judge, FTSC-III, Bengaluru Rural District, Bengaluru, whereby the application filed by the petitioner under Section 311 of Cr.P.C. seeking recalling of the witnesses PW.1 to 10 and 12 to 14 for cross-examination by the petitioner was rejected by the trial Court. 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and perused the material on record. 3. A perusal of the material on record will indicate that in the aforesaid proceedings instituted by respondent No.1-State against the petitioner for the offences punishable under Section 376(3) of IPC and Section 4(2) of the Protection of Children from Sexual Offences Act, 2012, the respondent/prosecution adduced oral and documentary evidence and examined witnesses as PW.1 to 14 in support of its case. The petitioner, who was in judicial custody at that - 3 - NC: 2025:KHC:8344 CRL.P No. 1506 of 2025 point in time, did not cross-examine the aforesaid PW.1 to 10 and 12 to 14 and the matter was posted for defence evidence and at that stage, the petitioner changed his counsel and filed the instant application to recall PW.1 to 10 and 12 to 14 for cross-examination on the ground that his previous counsel did not cross-examine the aforesaid witnesses and the same was vital and crucial for the purpose of establishing the defence of the petitioner/accused. The said application having been opposed by the respondent-prosecution, the trial Court proceeded to pass the impugned order rejecting the application on the ground that change of counsel was not a reason to recall the witnesses, who were not cross-examined by the previous counsel. 4. In this context, learned counsel for the petitioner submits that if one opportunity is granted by setting aside the impugned order and permitting the petitioner to cross-examine PW.1 to 10 and 12 to 14, the petitioner would do so without seeking any adjournment under any circumstances whatsoever. 5. Per contra, learned HCGP submits that if the petitioner want to cross-examine PW.1 to 10 and 12 to 14 on - 4 - NC: 2025:KHC:8344 CRL.P No. 1506 of 2025 any date to be fixed by the trial Court, the impugned order may be set aside and the application may be allowed by imposing strict/stringent conditions on the petitioner. 6. In view of the aforesaid facts and circumstances, I deem it just and appropriate to adopt a justice oriented approach and set aside the impugned order and recall PW.1 to 10 and 12 to 14 for cross-examination by the petitioner by imposing certain conditions. 7. In the result, the following: ORDER i) The petition is allowed. ii) The impugned order dated 30.12.2024 is set aside. iii) The application filed by the petitioner under Section 311 of Cr.P.C. is hereby allowed and the petitioner is permitted to cross-examine PW.1 to 10 and 12 to 14 subject to the condition that the petitioner shall cross- examine the aforesaid witnessed on any date to be fixed by the trial Court without seeking any adjournment under any circumstances whatsoever. - 5 - NC: 2025:KHC:8344 CRL.P No. 1506 of 2025 iv) It is made clear that in the event, the trial Court fixes a date for appearance of the witnesses for cross-examination and the petitioner does not cross-examine the witnesses on the date fixed by the trial Court, the trial Court shall forthwith discharge the said witnesses and shall not permit the petitioner to cross-examine the said witnesses once more. SD/- (S.R.KRISHNA KUMAR) JUDGE VM List No.: 2 Sl No.: 26