- 1 - NC: 2025:KHC:7997 CRL.P No. 12031 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 12031 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: LAKSHMI NARASIMHA MURTHY P. H. S/O HANUMANTHAIAH P. A., AGED ABOUT 49 YEARS, R/O PANDITHANAHALLI, HIREHALLI POST, TUMKUR, DEVARAYAPATNA, TUMKUR, KARNATAKA 572104 ACCUSED IS IN J.C. …PETITIONER (BY SRI. S BALAKRISHNAN, ADVOCATE) AND: 1. STATE OF KARNATAKA BY TUMKUR WOMEN POLICE STATION, REP. BY SPP, HIGH COURT BUILDING, BANGALORE 560001 2. HANUMANTARAYAPPA S/O KUMBHAIAH AGED ABOUT 30 YEARS, R/O PANDITHANAHALLI, HIREHALLI POST, DEVARAYAPATNA, TUMKUR DISTRICT KARNATAKA 572104 …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET-ASIDE THE ORDER DATED 13.09.2024 PASSED IN SPL.C.NO.323/2022 BY THE HON’BLE Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - NC: 2025:KHC:7997 CRL.P No. 12031 of 2024 ADDITIONAL DISTRICT AND SESSIONS JUDGE (F.T.S.C- I) TUMARKURU AND ALLOW THE APPLICATION FILED UNDER SECTION 311 OF CR.P.C TO FURTHER CROSS EXAMINE PW.1, PW.2 AND PW.5 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 filed by the accused in Spl.C.No.323/2022 is directed against the impugned order dated 13.09.2024 passed in Spl.C.No.323/2022 by the Additional District and Sessions Judge (FTSC-I), Tumakuru, whereby the application filed by the petitioner/accused under Section 311 of Cr.P.C was rejected by the Trial Court. 2. A perusal of the material on record will indicate that the respondent-complainant having instituted proceedings under Sections 376, 448, 506 of IPC and Section 6 of POCSO Act, against the petitioner, though the victim/PW-1 was cross-examined on 20.06.2023 and 27.10.2023, she was not cross-examined by the earlier counsel in respect of the documents at Ex.P-1 to P-3 and subsequently, the petitioner filed a recall application for further cross-examination of PW-1. * PW-2 and PW-5 The said application having been * Inserted vide Court order dated: 25.06.2025. - 3 - NC: 2025:KHC:7997 CRL.P No. 12031 of 2024 rejected by the trial Court, the petitioner is before this Court by way of the present petition. 3. A perusal of the impugned order will indicate that the trial Court has come to the conclusion that the petitioner had been unnecessarily delaying the proceedings. However, in the light of the specific submission made by learned counsel for the petitioner that if one more opportunity is provided, he would cross-examine PW-1 * PW-2 and PW-5 on the date to be fixed by the trial Court without seeking any adjournment under any circumstances whatsoever, I deem it just and appropriate to adopt justice oriented approach and set aside the impugned order and allow the application filed by the petitioner under Section 311 of Cr.P.C. by permitting the petitioner to further cross-examine PW-1*PW-2 and PW-5 without seeking any adjournment under any circumstances whatsoever and imposing cost of Rs.5,000/- payable by the petitioner to the respondent on the next date of hearing before the trial Court. 4. In the result, I pass the following: ORDER i) The petition is hereby allowed. * Inserted vide Court order dated: 25.06.2025. - 4 - NC: 2025:KHC:7997 CRL.P No. 12031 of 2024 ii) The order dated 13.09.2024 passed in Spl.C.No.323/2022 by Additional District and Sessions Judge (F.T.S.C-I), Tumakuru, is hereby set aside. iii) Consequently, interlocutory application under Section 311 of Cr.P.C filed before the Additional District and Sessions Judge (F.T.S.C-I), Tumakuru, is hereby allowed subject to payment of cost of Rs.5,000/- by the petitioner to the respondent. iv) Petitioner shall complete cross-examination PW-1 * PW-2 and PW-5 on the date of hearing as fixed by the Trial Court without seeking any adjournment under any circumstances whatsoever. v) The Trial Court is directed to conclude the proceedings within a period of two months from the date of receipt of copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 44 * Inserted vide Court order dated: 25.06.2025.