- 1 - NC: 2025:KHC-D:7084 CRL.RP No. 100035 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO. 100035 OF 2019 (397(Cr.PC)/438(BNSS) BETWEEN: SUDAKAR S/O. VASANTRAO MAHINDRAKAR AGE: 52 YEARS, OCC:SERVICE, R/O. H.NO.4658/E, BHADAKAL GALLI, BELAGAVI. TQ & DIST:BELAGAVI-590001. …PETITIONER (BY SMT. AMRUTHA ALLANNAVAR AND SRI. MAHANTESH S. HIREMATH, ADVOCATE) AND: SANJAY S/O. BHAURAO TONAPEKAR, AGE: 53 YEARS, OCC: SERVICE, R/O. H.NO.18,WEST HIGH STREET CAMP, BELAGAVI. …RESPONDENT (BY SRI AMARGOUDA, ADVOCATE FOR SRI VISHWANATH V. BADIGER, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED U/SEC.397 R/W SEC.401 OF CR.P.C., PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 05.01.2019 IN CRL. APPEAL NO.165/2018, PASSED BY THE X ADDL. SESSIONS JUDGE, BELAGAVI, BY ALLOWING THIS REVISION PETITION. THIS PETITION, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:7084 CRL.RP No. 100035 of 2019 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Miss.Amrutha Allannavar and Sri.Mahantesh S. Hiremath, learned counsel for the revision petitioner and Sri.Amaregouda for Sri.Vishwanath V. Badiger, learned counsel for the respondent. 2. Complainant is the revision petitioner challenging the order passed by the First Appellate Court in Crl.A.165/2018 directing the matter to be remitted to the trial Court in C.C.No.1772/2017 for the purpose of cross examination of PW.1. 3. Having considered the arguments of both sides, this Court perused the record and noticed that there was no fair opportunity granted to the accused, which made the First Appellate Court to remit the matter to the trial Court for purpose of cross examination of PW.1 and to proceed with the case in accordance with law. 4. This Court does not find any legal infirmity in the order of the First Appellate Court. 5. Accordingly, the following order is passed. - 3 - NC: 2025:KHC-D:7084 CRL.RP No. 100035 of 2019 ORDER i. Criminal revision petition is dismissed. ii. The order of the First Appellate Court is upheld and the matter is to be listed before the trial Court in C.C.No.1772/2017 positively on 03.06.2020. iii. On that day, PW.1 shall be positively cross examined by the accused. Sd/- (V.SRISHANANDA) JUDGE AC List No.: 2 Sl No.: 38