- 1 - HC-KAR NC: 2025:KHC:48561 CRL.P No. 15801 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 15801 OF 2025 BETWEEN: CHANDRA C/O SHIVANNA, AGED ABOUT 37 YEARS, RESIDING AT SANGEETH CORNER, PETROL BUNK BACK SIDE, ALANAHALL, MIRLE VILLAGE, K. R. NAGAR TALUK, MYSORE - 570 001 …PETITIONER (BY SRI. RAJU C.N., ADVOCATE) AND: 1. STATE BY NAZARBAD POLICE MYSORE, REPRESENTED BY SPP HIGH COURT OF KARNATAKA AT BANGALORE - 560 001 2. SHASHIKUMAR S/O LATE LAKSHMAN, AGED ABOUT 28 YEARS, NO.64, 3RD CROSS, VIDYANAGAR MYSORE, ALSO RESIDING AT ANKERE VILLAGE, MANDYA TALUK, MANDYA- 571401 …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE ORDER DATED 06.10.2025 PASSED BY THE 2ND ADDL. DISTRICT AND SESSIONS JUDGE, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:48561 CRL.P No. 15801 of 2025 MYSORE IN SC NO.106/2019 ARISING OUT OF CRIME NO.191/2018 AND RECALL THE PW 7 FOR CROSS EXAMINATION FOR THE OFFENCES P/U/S 307 OF IPC BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is seeking to set aside the order dated 06.10.2025 passed by the II Additional District and Sessions Judge, Mysuru in S.C.No.106/2019. 2. Vide impugned order, the learned Sessions Judge has rejected the application filed by the petitioner / accused under Section 311 of Cr.P.C., to recall CW.8 / P.W.7, I.O., for the purpose of cross-examination. 3. In the impugned order it is observed by the learned Sessions Judge that when the matter was posted for recording the statement of the accused under Section 313 of Cr.P.C., he filed an application under Section 311 of Cr.P.C., seeking to recall P.W.7 for cross-examination. - 3 - HC-KAR NC: 2025:KHC:48561 CRL.P No. 15801 of 2025 Even earlier, when the matter was posted for cross- examination of P.W.7, his cross-examination was taken as nil. Hence, accused filed an application under Section 311 of Cr.P.C., which was allowed on 27.02.2024 by imposing cost. Thereafter, P.W.7 was present on 27.01.2025, but his cross examination was not conducted, which shows that the accused is not co-operating for concluding the trial and he wants to drag the matter by filing applications one after another. 4. It is submitted by the learned counsel for petitioner that P.W.7 i.e., I.O. is not at all cross-examined in this case and therefore, great prejudice would be caused to the accused if the application is not allowed. 5. The accused is facing trial for the offence under Section 307 of IPC. Learned counsel for petitioner submits that C.W.8, I.O., examined as PW.7 was not at all cross- examined by the defense, if that is so, an opportunity has to be given to cross-examine him, in the interest of justice. However, considering that earlier application was - 4 - HC-KAR NC: 2025:KHC:48561 CRL.P No. 15801 of 2025 allowed by imposing cost of and inspite of that, defense has not cross-examined PW.7, reasonable cost has to be imposed. ORDER i) The order dated 06.10.2025, passed by the learned II Additional District and Sessions Judge, Mysuru, in S.C.No.106/2019, rejecting the application filed by the petitioner / accused under Section 311 of Cr.P.C. is hereby set aside, in case, the judgment is not already pronounced. ii) Petitioner shall appear before the trial Court on 05.12.2025. iii) The Trial Court shall fix a date for cross-examination of PW.7, on which date, the defense shall be permitted to cross-examine him, making it clear that no further time shall be granted. iv) If any incriminating evidence appears in the cross-examination or further examination if any, further - 5 - HC-KAR NC: 2025:KHC:48561 CRL.P No. 15801 of 2025 statement of the accused under Section 313 of Cr.P.C. (351 of BNSS) be recorded. v) The accused shall deposit cost of Rs.3,000/- (Rupees Three thousand only) before the trial Court, which shall be defrayed to the State. Petition is disposed of. I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 71 CT-SG