- 1 - HC-KAR NC: 2025:KHC-D:12866 CRL.P No. 103458 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103458 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: SADDAM @ LADSAB S/O FAKRUSAB BETAGERI, AGE. 26 YEARS, OCC. HITACHI OPERATOR, R/O. NAGANUR, TQ. NAVALGUND, DIST. DHARWAD-582 208. … PETITIONER (BY SRI. S.S. BETURMATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH RAMDURGA P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. 2. SUNIL S/O IRAPPA HALEMANI, AGE. 31 YEARS, OCC. AGRICULTURE, R/O. KITTUR, TQ. RAMADURG, DIST. BELAGAVI-591 127. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; R2-SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE ORDER DATED 28.04.2025 IN SPL.C.NO.150/2021 PASSED BY THE LEARNED ADDL. DISTRICT AND FTSC-1, BELAGAVI AND CONSEQUENTLY PERMIT THE PETITIONER TO CROSS EXAMINE THE WITNESSES AT PW1 AND 2, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12866 CRL.P No. 103458 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. This petition under Section 528 of the BNSS, 2023 is filed with a prayer to quash the order dated 28.04.2025 passed in Special Case No.150 of 2021 by the Court of the Addl. District and FTSC-I, Belagavi registered for the offences punishable under Sections 302, 201, 363, 376(2)(i)(n) of the IPC, Sections 4 and 6 of the POCSO Act, and Section 3(2)(v) of the SC and ST (POA) Act, 2015. 2. Heard the learned counsel for the petitioner and learned HCGP for respondent No.1. Respondent No.2 is served in the matter and is unrepresented before this Court. 3. The petitioner is prosecuted for the aforesaid offences before the Court of the Addl. District and FTSC-1, Belagavi in Special Case No.150 of 2021. During the course of trial, the first informant has been examined in the present case as PW1 and the mother of the deceased victim has been examined as PW2. The application filed on behalf - 3 - HC-KAR NC: 2025:KHC-D:12866 CRL.P No. 103458 of 2025 of the petitioner to permit him to further cross-examine PW1 and PW2 was rejected on 28.04.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that the examination-in-chief of PW1 and PW2 who are the first informant and the mother of the victim girl respectively was completed by the prosecution on 10.07.2024 and the cross-examination of PW1 and PW2 was deferred at the request of the learned counsel for the defence. However, thereafter PW1 (CW1) and PW2 (CW20) were absent before the trial Court and therefore non- bailable warrant was issued against them by the trial Court. Their presence was secured before the trial Court on 28.04.2025 and on the said date, PW1 and PW2 were partially cross-examined and a request was made by the learned counsel for the defence to permit him to further cross-examine PW1 and PW2 on the next date of hearing. The said prayer made on behalf of the defence has been rejected by the learned trial Judge vide the order impugned. - 4 - HC-KAR NC: 2025:KHC-D:12866 CRL.P No. 103458 of 2025 5. The petitioner is being prosecuted by the Court of the Additional District and FTSC-I, Belagavi for the offences punishable under Sections 302, 201, 363, 376(2)(i)(n) of the IPC, Sections 4 and 6 of the POCSO Act and Section 3(2)(v) of the SC and ST (POA) Act. The allegations found against the petitioner are grave in nature and the alleged offences are punishable with death sentence or life imprisonment. Therefore, proper opportunity has to be given to the accused to defend his case, failing which he may not be in a position to defend his case properly and in the said event his case is likely to be prejudiced. 6. The material on record would go to show that PW1 and PW2 were kept present before the Court for cross-examination for the first time on 28.04.2025 and on the said day, they were partially cross-examined on behalf of the defence and thereafter, the request made on behalf of the defence to permit the defence to further cross-examine PW1 and PW2 on the next date of hearing was rejected. This approach of the trial Court in my - 5 - HC-KAR NC: 2025:KHC-D:12866 CRL.P No. 103458 of 2025 considered view is not proper and justifiable. Therefore, I am of the opinion that the order impugned is liable to be quashed. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) The order dated 28.04.2025 passed in Special Case No.150 of 2021 by the Court of the Addl. District and FTSC-I, Belagavi registered for the offences punishable under Sections 302, 201, 363, 376(2)(i)(n) of the IPC, Sections 4 and 6 of the POCSO Act and Section 3(2)(v) of the SC and ST (POA) Act, is set aside. (iii) The petitioner is permitted to further cross-examine PW1 and PW2 on the date on which the prosecution keeps them present before the trial Court for the purpose of their cross-examination by the defence, without seeking adjournment unnecessarily. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT: BCK LIST NO.: 1 SL NO.: 114