- 1 - NC: 2025:KHC-D:7179 CRL.P No. 101861 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL PETITION NO.101861 OF 2025 BETWEEN: SMT. HANUMAKKA W/O. JAFAR SAB, AGE: 27 YEARS, OCC: HOUSEWIFE, R/O: HH NO.11, G BLOCK, DAR POLICE QUARTERS, S N PETH, TQ AND DIST: BALLARI - 583 101. …PETITIONER (BY SRI. V.P.VADAVI, ADVOCATE) AND: THE STATE OF KARNATAKA, BY GANDHINAGAR PS, TQ AND DIST: BALLARI, REPRESENTED BY ADDL. SPP, HIGH COURT PREMISES, DHARWAD – 580 011. …RESPONDENT (BY SRI. RAMESH CHIGARI, AGA) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C, (528 OF BNSS) SEEKING TO SET ASIDE THE ORDER DATED 14.02.2025 IN SC NO. 51/2023, IN PARTLY ALLOWING THE PRAYER FOR RECALL OF PW.1 TO 8 ON THE FILE OF THE COURT OF ADDL. DISTRICT AND SESSIONS JUDGE, BALLARI, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION IS COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:7179 CRL.P No. 101861 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) This petition is filed by the petitioner/accused - Smt.Hanumakka W/o Jafar Sab under Section 482 of the Code of Criminal Procedure (under Section 528 of The Bharatiya Nagarik Suraksha Sanhita, 2023), challenging the order passed by trial Court on interim application filed under Section 311 of Cr.P.C, which was partly allowed and partly rejected. 2. Heard the arguments of learned counsel appearing for the petitioner/accused No.1 and learned AGA appearing for the respondent/State. Perused the records. 3. The accused have filed an application under Section 311 of Cr.P.C, before trial Court to recall PWs.1 to 8 and PWs.13 to 17 for cross-examination. The trial Court has allowed the application-in-part and recalled PWs.13 to 17 for cross-examination, but prayer for further cross-examination PWs.1 to 8 was rejected. In the application filed by the petitioner/accused has clearly - 3 - NC: 2025:KHC-D:7179 CRL.P No. 101861 of 2025 stated that when the case was posted for cross- examination of PWs.1 to 8, the accused was in judicial custody. At that time, learned counsel Sri HAR and NSS not asked the material questions to the above said witnesses. Later, undersigned counsel appeared on behalf of the accused and conducted cross-examination of PWs.9, 10, 11, 12 and 18. Since accused was in judicial custody, the accused counsel may not take proper instructions for conducting effective cross-examination of PWs.1 to 8. In any criminal cases, fair trial has to be conducted in view of Article 21 of the Constitution of India. Keeping in mind the detention of accused at the time of cross-examination of PWs.1 to 8 and for effective cross-examination of PWs.1 to 8 after taking necessary instruction from the accused, it is just and proper to allow this petition. 4. Accordingly, I proceed to pass the following: ORDER i) Criminal Petition is allowed. - 4 - NC: 2025:KHC-D:7179 CRL.P No. 101861 of 2025 ii) The order dated 14.02.2025 passed in S.C.No.51/2023 on the file of II Additional District and Sessions Judge., Ballari is hereby modified. iii) The application filed on behalf of PWs.1 to 8 under Section 311 of Cr.P.C., dated 10.01.2025 is allowed. iv) The trial Court is directed to recall PWs.1 to 8 for further cross-examination by the accused. v) Registry is directed to send a copy of this order to the trial Court forthwith. Sd/- (G BASAVARAJA) JUDGE AM CT-ASC List No.: 1 Sl No.: 78