- 1 - HC-KAR NC: 2025:KHC-D:15426 CRL.P No. 104022 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104022 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: SHRI PRAKASH S/O. NINGAPPA YADALLI, AGE. 39 YEARS, OCC. AGRICULTURE, R/O. AMMINABHAVI, TQ. DIST. DHARWAD-581201. …PETITIONER (BY SRI. SHRIKANT T.PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, R/BY STATE PUBLIC PROSECUTOR, THROUGH DHARWAD RURAL PS, HIGH COURT OF KARNATAKA, DHARWAD, BENCH AT DHARWAD-580001. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, THAT THE ORDER PASSED ON 23.04.2024 IN CC NO.1260/2024 ON THE FILE IV ADDL. SENIOR CIVIL JUDGE AND JMFC DHARWAD FILED UNDER SECTION 311 OF CR.P.C. BY PETITIONER/ACCUSED SEEKING RECALLING OF PW-1 AND PW-2 BE QUASHED AND ETC.,. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:15426 CRL.P No. 104022 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner is before this Court seeking to quash the proceedings in C.C.No.1260/2024 pending on the file of IV Additional Senior Civil Judge and JMFC, Dharwad1. 2. Heard Sri. Shrikant T. Patil, learned counsel for the petitioner and Sri. Jairam Siddi, learned High Court Government Pleader for respondent – State. 3. The submission of the learned counsel for the petitioner is that, an application under Section 311 of Cr.P.C., was filed before the Trial Court seeking for recalling of PW1 and PW2 for the purpose of cross examination. The said application was rejected even though, genuine reasons were submitted for not conducting the cross examination. 4. The learned High Court Government Pleader for respondent - State opposed the submission of the learned counsel for the petitioner and justified the order of the Trial 1 For short, ‘the Trial Court’ - 3 - HC-KAR NC: 2025:KHC-D:15426 CRL.P No. 104022 of 2025 Court and submitted that, PW1 was examined on 22.08.2023, PW2 was examined on 16.09.2023. However, the accused has not conducted cross examination of these two witnesses. In fact, PW2 is the victim. It is not proper to call her for cross examination often, already she had been undergone mental agony on the said incident. Calling the victim again and again before the Court, certainly would cause prejudice to her. Therefore, it is not appropriate to allow the application. Making such submissions, he prays to reject the petition. 5. Having heard the rival submission of the learned counsels for the respective parties, it appears from the record that, the offences alleged against the petitioner are under Sections 354D, 504, 506 and 509 of IPC. 6. On perusal of the findings of the Trial Court, prima facie, though it appears that, the order passed by the Trial Court is proper and appropriate, the fact remains that, in order to secure the ends of justice, a fair trial is required to be maintained in accordance with law. Keeping in view - 4 - HC-KAR NC: 2025:KHC-D:15426 CRL.P No. 104022 of 2025 the settled position of law, it is appropriate to allow the petition. 7. Hence, I proceed to pass the following: ORDER (i) The petition is allowed subject to payment of costs of Rs.2,000/-, payable to the Karnataka State Legal Services Authority. (ii) PW1 and PW2 are directed to appear before the Trial Court on 10.12.2025. (iii) The Registry is directed to communicate this order to the Trial Court forthwith. Sd/- (S.RACHAIAH) JUDGE SMM / CT: UMD List No.: 1 Sl No.: 28