- 1 - HC-KAR NC: 2025:KHC-D:9996 CRL.P No. 102204 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102204 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SRI PADIYAPPA NEELAPPA KIDIYAPPANAVAR A/F SHIVAPPA KIDIYAPPANAVAR, AGE. 28 YEARS, OCC. AGRICULTURE, R/O. BOMMASAGAR VILLAGE TQ. RON DIST. GADAG 581117 2. SRI SHARANAPPA NEELAPPA KIDIYAPPANAVAR AGE. 30 YEARS, OCC. TILES PLACING WORK R/O. BOMMASAGAR VILLAGE TQ. RON DIST. GADAG 581117 3. NAGAPPA NEELAPPA KIDIYAPPANAVAR AGE.32 YEARS, OCC. TILES PLACING WORK, R/O. BOMMASAGAR VILLAGE TQ. RON DIST. GADAG 581117 …PETITIONERS (BY SRI. ANAND R KOLLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:9996 CRL.P No. 102204 of 2025 HIGH COURT OF KARNATAKA DHARWAD THROUGH RON POLICE STATION DIST. GADAG 581117 2. SMT LAXMAVVA D/O. SHARANAPPA LAGALI AGE 28 YEARS, OCC. AGRICULTURE, R/O. BOMMASAGAR, TQ.RON, DIST. GADAG 581117 …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1, SRI. D.J. NAIK, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (528 OF BNSS), SEEKING TO QUASH IMPUGNED ORDER DATED 15.04.2025 ON APPLICATION UNDER SECTION 311 OF CR.P.C. IN S.C. NO.68/2017 PENDING ON THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE GADAG, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 302, 307, 504, 506 R/W 34 OF IPC, IN SO FAR AS PETITIONERS/ACCUSED NOS.1, 2 AND 3 ARE CONCERNED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - HC-KAR NC: 2025:KHC-D:9996 CRL.P No. 102204 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused Nos.1 to 3 in S.C. No.68/2017 pending before the Court of Principal District and Sessions Judge, Gadag are before this Court assailing the order dated 15.04.2015 passed in the aforesaid case, wherein the application filed by the petitioners under Section 311 of Cr.P.C. to recall PW9 was rejected. 2. Heard the learned counsel for the parties. 3. Petitioners herein are facing trial in S.C. No.68/2017 pending before the Court of Principal District and Sessions Judge, Gadag for offences punishable under Sections 302, 307, 504, 506 read with Section 34 of IPC. In the said proceedings, they had filed an application under Section 311 of Cr.P.C. to recall PW9. The said application was rejected on 15.04.2025 by the Trial Court for the reason that though an opportunity was given earlier to further cross-examine PW9, by recalling him, the same was not utilized by the petitioners. Being aggrieved by the same, the petitioners are before this Court. - 4 - HC-KAR NC: 2025:KHC-D:9996 CRL.P No. 102204 of 2025 4. Perusal of the material on record would go to show that the petitioners are facing prosecution for offences punishable under Sections 302, 307, 504, 506 read with Section 34 of IPC, which is punishable with life imprisonment or death sentence. PW9 is said to be the injured eyewitness in the present case and he is therefore, the prime material witness of the prosecution. On behalf of the petitioners, an application was earlier filed to recall PW9, which was allowed by the trial Court subject to payment of cost of Rs.300/-, and on 08.10.2024, PW9 who was present before the Court was partly cross-examined on behalf of the petitioners till 02:00 p.m. But in the afternoon session, though PW9 was present before the Court, the learned advocate on behalf of the petitioners did not appear before the Court inspite of the matter being called four times by the Court. It is under these circumstances, further cross-examination of PW9 was taken as ‘nil’ and the matter was posted for recording Section 313 of Cr.P.C., statement of the accused. At the said stage, the present application was filed. 5. In the application filed on behalf of the petitioners, learned advocate has stated that on the afternoon of - 5 - HC-KAR NC: 2025:KHC-D:9996 CRL.P No. 102204 of 2025 08.10.2024, he was engaged in Commissioner's work in some other case and therefore, he could not appear before the Court in the present proceedings. I am of the considered view, a satisfactory explanation was offered by the learned advocate for not appearing before the Court in the afternoon session on 08.10.2024 and further cross-examining PW9. If an opportunity is not granted to the petitioners, to further cross-examine PW9, their defence may be prejudiced. It is trite that accused are required to be given a fair opportunity during the course of trial and it is only with this object, Courts are empowered to recall a witness in exercise of powers under Section 311 of Cr.P.C. Under the circumstances, the following: ORDER Criminal Petition is allowed. The order dated 15.04.2025 passed by the Court of Principal District and Sessions Judge, Gadag in S.C. No.68/2017 rejecting the application filed by the petitioners under Section 311 of Cr.P.C. is set aside, subject to petitioners paying a cost of Rs.2,000/- to PW9, on the day he appears before the trial Court for his further cross-examination. - 6 - HC-KAR NC: 2025:KHC-D:9996 CRL.P No. 102204 of 2025 It is made clear that on the day PW9 is kept present before the trial Court, he shall be further cross-examined on behalf of the petitioners, without seeking any adjournment. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH LIST NO.: 1 SL NO.: 80