- 1 - HC-KAR NC: 2025:KHC-D:11324 CRL.P No. 100130 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 100130 OF 2025 (482(Cr.PC)/528(BNSS) BETWEEN: SRI SURESH S/O PARASAPPA BELADADI, AGE: 28 YEARS, OCC: AGRICULTURE, R/O.GADAG, GANGAPUR DIST. GADAG-582101. …PETITIONER (BY SRI ANAND R. KOLLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD THROUGH GADAG RURAL POLICE STATION, DIST. GADAG-582101. 2. SRI. BASAVARAJ S/O HANUMANTHAPAP KURTAKOTI AGE: 26 YEARS, OCC: DRIVER R/O. GADAG KHANETOTA, NAGALINGA NAGAR, DIST. GADAG-582101. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO SET ASIDE IMPUGNED ORDER DATED 27.11.2024 IN SPL. C.C. (SC/ST) NO. 4/2017 PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE GADAG. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11324 CRL.P No. 100130 of 2025 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. Petitioner, who is arrayed as accused No.4 in Special Case (SC/ST) No.4 of 2017 pending before the Court of Additional District and Sessions Judge, Gadag is before this Court assailing the order dated 27.11.2024 wherein the application filed in the aforesaid case on behalf of the petitioner under Section 311 of Cr.P.C. has been partly rejected. 2. Heard learned counsel for the parties. 3. Petitioner, who is arrayed as accused No.4 before the trial Court had filed an application under Section 311 of Cr.P.C. to recall PW4, PW12, PW14 and PW20 for the purpose of their cross-examination. The said application was opposed by the prosecution by filing objections. The trial Court vide the order impugned had partly allowed the said application and had recalled PW12 and PW14 for the purpose of their cross-examination and had rejected the - 3 - HC-KAR NC: 2025:KHC-D:11324 CRL.P No. 100130 of 2025 application insofar as it related to the prayer to recall PW4 and PW 20. 4. Perusal of the material on the record would go to show that PW4 is one of the circumstantial witnesses examined by the prosecution. The trial Court while rejecting the application filed by the petitioner under Section 311 of Cr.P.C. has observed that PW4 has been extensively cross- examined and it is under these circumstances prayer made in the application for recalling PW4 for further cross- examination is rejected. On the last date of hearing, learned counsel for the petitioner had undertaken to produce the deposition of PW4 for the purpose of perusal of this Court. However, the same is not produced today and therefore there is no reason to disbelieve the observation made by the trial Judge that PW4 has been extensively cross- examined on behalf of the defence. 5. PW20 is only a messenger who has carried the seized article to the Forensic Science Laboratory at Belagavi. His role is very limited and it is under these - 4 - HC-KAR NC: 2025:KHC-D:11324 CRL.P No. 100130 of 2025 circumstances the trial Court has rejected the prayer made in the application for recalling the said witness. Learned counsel for the petitioner has also not produced the deposition of PW20. 6. The present application under Section 311 Cr.P.C. has been filed after the prosecution had closed its side of evidence and in spite of the same, the trial Court having appreciated that the material witnesses PW12 and PW14 were not cross-examined on behalf of the defence, has therefore partly allowed the application filed on behalf of the defence under Section 311 of Cr.P.C. I do not find any illegality or irregularity in the said order which calls for interference by this Court. Accordingly, criminal petition lacks merits and the same is dismissed. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:GSM List No.: 1 Sl No.: 69