- 1 - HC-KAR NC: 2025:KHC-D:9724 CRL.P No. 102987 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102987 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: SHIVAPPA S/O MAHADEVAPPA PILLIKATTI @ SHIVANAND, AGE: 38 YEARS, OCC: AGRICULTURE, R/O: HIREHULLALA, TQ: HAVERI, DIST: HAVERI-581 148. … PETITIONER (BY SRI. ARAVIND D. KULKARNI, ADVOCATE) AND: 1. STATE OF KARNATAKA, THROUGH POLICE SUB INSPECTOR, HAVERI RURAL POLICE STATION, HAVERI DISTRICT, REP. BY THE SPP, HIGH COURT OF KARNATAKA, DHARWAD-580 011. 2. BASANAGOUDA S/O SHANKARAGOUDA HALEGOUDA, AGE: 33 YEARS, OCC: AGRICULTURE, R/O: GERUGUDDA BASAPUR, TQ: HANAGAL, DIST: HAVERI-581 108. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1) RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:9724 CRL.P No. 102987 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO SET ASIDE THE ORDER DATED 04/06/2025 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, HAVERI IN C.C. NO.538/2018 WHEREBY REJECTING THE APPLICATION FILED BY THE PETITIONER FILED UNDER SECTION 311 OF CRIMINAL PROCEDURE CODE SEEKING FOR RECALLING OF PW-9 TO 11, PW-14 TO 18 AND PW-20 TO 28 FOR CROSS EXAMINATION; CONSEQUENTLY ALLOW THE APPLICATION AND RECALL PW-9 TO 11, PW-14 TO 18 AND PW-20 TO 28 FOR CROSS EXAMINATION. 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. The petitioner is before this Court under Section 482 of the Cr.P.C., with a prayer to quash the order dated 04.06.2025 passed by the Court of Prl. Senior Civil Judge and CJM, Haveri in C.C. No.538/2018, wherein the application filed on behalf of the petitioner under Section 311 of Cr.P.C. has been dismissed. - 3 - HC-KAR NC: 2025:KHC-D:9724 CRL.P No. 102987 of 2025 2. Heard the learned counsel appearing for the parties. 3. The petitioner is the sole accused in C.C. No.145/2016, arising out of Crime No.16/2015 registered by Haveri Rural Police Station, Haveri, for the offences punishable under Sections 279, 337, 304-A of the IPC and Section 3 and 181 of the Indian Motor Vehicles Act, 1988. 4. During the course of the trial in the said case, the prosecution has examined altogether 37 charge-sheet witnesses as PW1 to PW37. It appears that on behalf of the petitioner, the material charge-sheet witnesses were not cross-examined and it is under these circumstances, an application under Section 311 of the Cr.P.C. was filed on behalf of the petitioner to recall PW9 to PW11, PW14 to Pw18 and PW20 to PW28 and the said application was rejected by the trial Court. 5. Learned counsel for the petitioner having reiterated the grounds urged in the petition, submits that - 4 - HC-KAR NC: 2025:KHC-D:9724 CRL.P No. 102987 of 2025 the petitioner is being tried for offences punishable with imprisonment up to two years. In the event, the petitioner is not permitted to cross-examine the material charge sheet witnesses, his defence would be seriously prejudiced, and the same would cause hardship to him. On the other hand, if the application filed by the petitioner is allowed, no hardship would be caused to the other side. 6. Per contra, learned HCGP has opposed the petition. She submits that the petitioner has throughout not participated during the course of trial, the witnesses were secured with great difficulty, and therefore, it would be difficult to secure the said witnesses once again before the Court for the purpose of their cross-examiantion. Therefore, she prays to dismiss the petition. 7. In reply, learned counsel for the petitioner submits that the petitioner is ready and willing to compensate the witnesses by paying costs to them for the purpose of their cross-examiantion. He further submits that - 5 - HC-KAR NC: 2025:KHC-D:9724 CRL.P No. 102987 of 2025 the cross-examiantion of the aforesaid witnesses will be completed within an outer limit of three months from the date of receipt of a copy of this order. He has filed a memo dated 04.08.2025 before this Court, which reads as follows: “MEMO The petitioner submits as follows: - Petitioner being aggrieved by the order dated 04/06/2025 passed by Principal Senior Civil Judge & CJM, At Haveri in CC No. 538/2018 whereby rejecting the application filed by the Petitioner herein under Section 311 of Criminal Procedure Code seeking for recalling of P W-9 to 11, PW-14 to 18 and PW-20 to 28 for cross examination, the present petition is filed. Petitioner most humbly request this Hon'ble Court to kindly allow the present petition and direct the Trial Court to issue Witness Summons to all the above said Witnesses. Petitioner under takes to cross-examine above said witnesses as and when they appear before the Trial Court by paying the cost of Rs.2,000/- to each of the witnesses. Petitioner also undertakes that the said process can be concluded within an outer limit of 3 months from the date of receipt of the order copy of the captioned Petition. Hence, this memo may kindly be taken on record, in the interest of justice and equity. If any of the witness does not appear, petitioner will not take benefit of the same.” - 6 - HC-KAR NC: 2025:KHC-D:9724 CRL.P No. 102987 of 2025 8. The petitioner is facing prosecution before the trial Court for the offences punishable under Sections 279, 337, 304-A of the IPC and Section 3 and 181 of the Indian Motor Vehicles Act, 1988. It is trite that the accused has to be given fair opportunity during the course of trial and he should not have a feeling that he was denied the opportunity by the Court to defend himself. It is not in dispute that the aforesaid material charge sheet witnesses have not been cross-examined on behalf of the petitioner. According to the learned counsel for the petitioner, the advocate who was appearing for the petitioner before the trial Court earlier had not properly conducted the trial, and therefore, the material charge sheet witnesses were not cross-examined on behalf of the defence. 9. Be that as it may, if an opportunity to cross- examine the aforesaid material charge-sheet witnesses is not extended to the petitioner, comparatively he would be put to more hardship, and therefore, in the interest of justice, I am of the opinion that an opportunity has to be - 7 - HC-KAR NC: 2025:KHC-D:9724 CRL.P No. 102987 of 2025 extended to the petitioner to cross-examine the aforesaid charge sheet witnesses, subject to conditions. Accoridngly, the following: ORDER (i) The criminal petition is allowed. (ii) The order dated 04.06.2025, passed by the Court of Prl. Senior Civil Judge and CJM, Haveri in C.C. No.538/2018, rejecting the application filed on behalf of the petitioner under Section 311 of the Cr.P.C. is set aside. Consequently, the application filed by the petitioner stands allowed, and the trial Court is directed to issue witness summons to the aforesaid charge sheet witnesses namely PW9 to PW11, PW14 to Pw18 and PW20 to PW28 forthwith and on their appearance before the trial Court, they shall be cross-examined on the same day on behalf of the petitioner, subject to the petitioner paying costs of Rs.2,000/- to each of the witnesses. (iii) The process of cross-examiantion of the aforesaid witnesses shall be concluded - 8 - HC-KAR NC: 2025:KHC-D:9724 CRL.P No. 102987 of 2025 within an outer limit of three months from the date on which, the trial Court issues witness summons to the aforesaid accused. (iv) It is made clear that if, for any reason, if any of the aforesaid witnesses is not kept present before the trial Court by the prosecution, the petitioner shall not make any grievance for the same and on the other hand after expiry of the aforesaid period of three months, the trial Court shall proceed further in accordance with law. Sd/- (S.VISHWAJITH SHETTY) JUDGE Vnp / CT: BCK LIST NO.: 1 SL NO.: 74