- 1 - HC-KAR NC: 2025:KHC-D:10306 CRL.P No. 103283 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103283 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: 1. BASANAGOUDA HANAMANTAGOUDA @ HANAMAGOUDA BEEMANGOUDRA, AGE. 19 YEARS, OCC. AGRICULTURE, R/O. MADALGERI, TQ. RON, DIST. GADAG, PIN-582 209. 2. MUTTAPPA @ MUTTURAJ S/O NARIYAPPA KAMBALI, AGE. 19 YEARS, OCC. AGRICULTURE, R/O. MADALGERI, TQ. RON, DIST. GADAG, PIN-582 209. … PETITIONERS (BY SRI. ANAND R. KOLLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENT BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, THROUGH RON POLICE STATION, DIST. GADAG, PIN-582 209. 2. HANAMANTAPPA GADDI, AGE. 60 YEARS, OCC. AGRICULTURE, R/O. MADALGERI, TQ. RON-582 209, DIST. GADAG. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. SANTOSH NARGUND, ADVOCATE FOR R2) RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10306 CRL.P No. 103283 of 2024 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO QUASH IMPUGNED ORDER DATED 03.10.2024 IN S.C. NO.100/2023, REGISTERED FOR OFFENCES PUNISHABLE UNDER SECTIONS 354(A)(I)(II), 354(D), 363, 376, 114, 506 OF IPC AND UNDER SECTIONS 4, 12 AND 17 OF POCSO ACT, PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE GADAG, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.1 and 2 in S.C. No.100 of 2023, pending before the Court of Additional District and Sessions Judge, Gadag, arising out of Crime No.173 of 2023 registered by Ron Police Station, Gadag District, for the offences punishable under Sections 354(A)(1)(ii), 354(d), 363, 376, 114, 506 read with Section 34 of the IPC Act and Sections 4, 12, 17 of the POCSO Act, are before this Court under Section 482 of the Cr.P.C. seeking to quash the order dated 03.10.2024 passed by the aforesaid Court in S.C. No.100 of 2023, rejecting the application filed on behalf of the petitioners under Section 311 of the Cr.P.C. to recall PW1, PW8, PW9 and PW10. - 3 - HC-KAR NC: 2025:KHC-D:10306 CRL.P No. 103283 of 2024 2. Heard the learned counsel for the parties. 3. Learned counsel appearing for the petitioner submits that PW1, PW8, PW9 and PW10 are the material charge sheet witnesses, and they were not cross-examined on behalf of the accused. If an opportunity to cross- examine the material charge sheet witnesses is not extended to the accused, their defence is likely to be seriously prejudiced. They are facing trial for the offences, which are punishable with imprisonment upto 20 years. Accordingly, he prays to allow the petition. 4. Learned counsel appearing for the respondent submits that he has no objection to allow the petition. 5. In view of the said submission, learned HCGP does not oppose the prayer made in the petition. 6. The petitioners are arrayed as accused in a case, which is registered for the offences punishable under 354(A)(1)(ii), 354(d), 363, 376, 114, 506 read with Section 34 of the IPC Act and Sections 4, 12, 17 of the POCSO Act, - 4 - HC-KAR NC: 2025:KHC-D:10306 CRL.P No. 103283 of 2024 PW1 and PW8 to PW10 are said to be the material charge sheet witnesses in the present case, and undisputedly, they were not cross-examined on behalf of the accused. The powers under Section 311 of the Cr.P.C. provides for recalling the witnesses, and such power needs to be invoked by the Court in order to meet the ends of justice and unless a strong and valid reason is there, in normal circumstance, the prayer made on behalf of the accused to recall the witnesses, who have not at all been cross- examined on behalf of the accused should not be rejected. In the present case, undisputedly, the aforesaid witnesses were not cross-examined, and during the course of trial, an application was filed on behalf of the accused with a prayer to recall the aforesaid witnesses for the purpose of their cross-examination. The de facto complainant has fairly not opposed the prayer made in the application by the accused. 7. Under the circumstances, I am of the opinion that the petition deserves to be allowed. Accordingly, the following: - 5 - HC-KAR NC: 2025:KHC-D:10306 CRL.P No. 103283 of 2024 ORDER (i) The Criminal Petition is allowed. (ii) The order dated 03.10.2024, passed in S.C. No.100 of 2023, pending before the Court of Additional District and Sessions Judge, Gadag, arising out of Crime No.173 of 2023 registered by Ron Police Station, Gadag District, for the offences punishable under Sections 354(A)(1)(ii), 354(d), 363, 376, 114, 506 read with Section 34 of the IPC Act and Sections 4, 12, 17 of the POCSO Act, wherein the application filed under Section 311 of the Cr.P.C. on behalf of the petitioners herein is set aside and consequently, the prayer made in the application is allowed. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT:BCK LIST NO.: 1 SL NO.: 70