- 1 - HC-KAR NC: 2025:KHC-D:8953 CRL.P No. 102832 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 102832 OF 2025 (482 OF Cr.PC/528 OF BNSS) BETWEEN: 1. LOKUNAIK S/O. LATE SOMLA NAIK, AGE: 44 YEARS, OCC: COOLIE, R/O. NEAR ANGANAWADI CENTRE, JANEKUNTE THANDA, TQ & DIST. BALLARY-583101. 2. RAMUNAIK S/O. LATE SOMLA NAIK, AGE: 41 YEARS, OCC: COOLIE, R/O. NEAR SEVALAL NAGAR, TUMATI THANDA, TQ. SANDUR, DIST. BALLARY-583101. 3. PREMUNAIK S/O. LATE SOMLA NAIK, AGE: 33 YEARS, OCC. COOLIE, R/O. NEAR SEVALAL NAGAR, TUMATI THANDA, TQ. SANDUR, DIST. BALLARY-583101 …PETITIONERS (BY SHRI VADIRAJ P. VADAVI, ADVOCATE) AND: THE STATE OF KARNATAKA, BY BALLARY WOMEN P.S, TQ & DIST. BALLARI, REPRESENTED BY ADDL. S.P.P., HIGH COURT PREMISES, DHARWAD-580011. …RESPONDENT (BY SHRI JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (U/S.528 OF BNSS), PRAYING TO SET-ASIDE THE ORDER DATED 18.06.2025 IN S.C. NO.34/2019, IN REJECTING THE PRAYER FOR RECALL OF PW.1/CW.1 ON THE FILE OF THE COURT OF PRL. DISTRICT AND SESSIONS JUDGE, BALLARY, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8953 CRL.P No. 102832 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) 1. Heard Sri.Vadiraj P. Vadavi, learned counsel for the petitioners and Sri.Jairam Siddi, learned High Court Government Pleader for respondent-State. 2. This petition is filed by petitioners/accused under Section 482 of the Criminal Procedure Code (for short, ‘the Cr.P.C.’) to set-aside the order dated 18.06.2025 in S.C.No.34/2019, wherein the trial Court rejected the prayer for recall of PW.1 (CW.1). 3. Perused the impugned order. 4. The Trial Court has rejected the application filed under Section 311 of the Cr.P.C., without assigning valid reasons. On perusal of the certified copy of the examination-in-chief of PW.1 (CW.1), it is seen that the evidence was recorded on 26.05.2022. On the same day, the learned counsel for the respondent/accused sought time for cross-examination. However, on 24.08.2022, the - 3 - HC-KAR NC: 2025:KHC-D:8953 CRL.P No. 102832 of 2025 Trial Court recorded the evidence of PW.1 and treated the cross-examination as ‘nil’. Hence, it is evident that the Trial Court did not afford a fair opportunity to the accused for cross-examination. 5. As per Section 311 of the Cr.P.C., the Court may, at any stage of an enquiry, trial or other proceedings under this code, summoned any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined and the Court shall summon and examine or recall and re-examine any such person, if his evidence appears to it to be essential to the just decision of the case. 6. However, the Trial Court has not considered these legal aspects. In fact, the cross-examination of PW.1 in this case appears to be essential for a just decision of the matter. Therefore, the Trial Court has passed the impugned order without proper application of judicial mind, more particularly in light of the provisions of Section - 4 - HC-KAR NC: 2025:KHC-D:8953 CRL.P No. 102832 of 2025 311 of the Cr.P.C. Accordingly, I proceed to pass the following: ORDER i. The criminal petition is allowed, subject to the payment of costs of Rs.1,000/- by the accused, payable to PW.1. Petitioner shall deposit the said amount before the trial Court within a week. ii. The order dated 18.06.2025, is hereby quashed and the application filed under Section 311 of the Cr.P.C., is allowed. PW.1 is order to be recalled for the purpose of cross examination. iii. Learned counsel for the accused is directed to cross-examine PW.1 without seeking any further adjournments in the matter and shall fully co-operate with the trial of the case. - 5 - HC-KAR NC: 2025:KHC-D:8953 CRL.P No. 102832 of 2025 Registry is directed to send a copy of this order to the trial Court forthwith. Sd/- (VENKATESH NAIK T) JUDGE AC /CT-AN List No.: 1 Sl No.: 58