- 1 - HC-KAR NC: 2025:KHC:25116 CRL.P No. 9413 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 9413 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: GURUMURTHY, S/O THIMMAIAH, AGED ABOUT 56 YEARS R/AT 446, NEAR MADANAYAKANAHALLI POLICE STATION, MADANAYAKANAHALLI, DASANAPURA HOBLI, BANGALORE NORTH, KARNATAKA – 562 162 …PETITIONER (BY SRI. ANANDA KUMAR Y. D., ADVOCATE) AND: STATE OF KARNATAKA BY PEENYA POLICE STATION, REPRESENTED BY HIGH COURT BULIDING, (SPECIAL PUBLIC PROSECUTOR) PIN – 560 001 …RESPONDENT (BY SMT. SOWMYA R., HCGP FOR) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE ORDER IN S.C.NO.1036/2015, ORDER DATED 28.05.2025, WHICH IS PASSED BY THE HON’BLE 63TH ADDL.CITY CIVIL AND SESSIONS JUDGE (CCH-64) AT BENGALURU, ORIGINATED FROM IN CRIME NO.534/2014 OF RESPONDENT PEENYA P.S FOR THE OFFENCES P/U/S 306 R/W 34 OF IPC. PERMIT TO CROSS EXAMINATION OF PW 1 TO 4. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25116 CRL.P No. 9413 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition is by the accused No.1 in S.C. No.1036/2015 arising out of Crime No.534/2014 on the file of the 63rd Additional City Civil and Sessions Judge (CCH-64), Bengaluru, challenging the order dated 28.05.2025, whereby, the application filed by the petitioner-accused No.1 under Section 311 of the Cr.P.C., to recall the cross examination of PW-1 to PW-4 was rejected. 2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that the respondent –complainant had instituted the aforesaid proceedings against the petitioner for the alleged offence punishable under Section 306 read with Section 34 of IPC. In the said proceedings, the respondent –complainant-Police examined himself as PW1 and examined Wife of deceased as PW-2, witness to S.O., Mahazar as PW-3 and Scientific Officer of FSL as PW-4 and was not cross- - 3 - HC-KAR NC: 2025:KHC:25116 CRL.P No. 9413 of 2025 examined by the petitioner as the earlier counsel for petitioner/accused No.1 was absent and Cross Examination of the PW-1 to PW-4 was taken as NIL. Subsequently, the petitioner- accused No.1 having filed the application under Section 311 of the Code of Criminal Procedure to recall the PW-1 to PW-4 for further cross-examination, the learned Magistrate rejected the said application by passing the impugned order, which is assailed in the present petition. 4. Learned counsel for the petitioner submits that, if the impugned order is set-aside and the petitioner-accused No.1 is permitted to cross-examine the PW-1 to PW-4 further, the petitioner would complete the cross-examination of the PW-1 to PW-4 on the next date of hearing before the Trial Court without seeking any adjournment under any circumstances whatsoever. It is therefore submitted that the impugned order be set-aside and application filed by the petitioner under Section 311 of the Code of Criminal Procedure to recall the PW-1 to PW-4 for further cross- examine be allowed. - 4 - HC-KAR NC: 2025:KHC:25116 CRL.P No. 9413 of 2025 5. Per contra, learned HCGP for the respondent opposed the petition and submits that there is no merit in the petition and same is liable to be dismissed. 6. In view of the aforesaid facts and circumstances of the case, though several contentions have been urged by learned counsel for both sides, by adopting a justice oriented approach and in order to provide one more opportunity to the petitioner-accused Nos.1, I deem it appropriate to allow the petition by imposing exemplary cost upon the petitioner with certain terms and conditions upon the petitioner with a direction to the Trial Court to dispose of the proceedings within a stipulated time frame. 7. In the result, I pass the following: O R D E R i) The Petition is allowed. ii) The impugned order dated 28.05.2025 passed in S.C. No.1036/2015 on the file of the 63rd Additional City Civil and Sessions Judge (CCH- 64), Bengaluru, rejecting the application filed under Section 311 of the Code of Criminal - 5 - HC-KAR NC: 2025:KHC:25116 CRL.P No. 9413 of 2025 Procedure to recall the PW-1 to PW-4 for further cross-examination is hereby set-aside; iii) The application filed by the petitioner-accused No.1 under Section 311 of the Code of Criminal Procedure to recall the PW-1 to PW-4 for further cross-examination is hereby allowed subject to petitioner paying cost of Rs.5,000/- to the respondent-complainant before the Trial Court on the next date of hearing; iv) The petitioner shall complete further cross- examination of the PW-1 to PW-4 on next date of hearing before the Trial Court without seeking adjournment under any circumstances whatsoever; v) The Trial Court shall dispose of the proceedings within a period of six months from the date of receipt of copy of this order; vi) All rival contentions and aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 3 Sl No.: 46