- 1 - HC-KAR NC: 2025:KHC:49529 CRL.P No. 7721 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 7721 OF 2025 BETWEEN: MANU H.M. S/O MADDURAIAH, AGED ABOUT 21 YEARS R/A NEAR POLICE CHOWKI, LAGGERE, BANGALORE- 560058 PERMANENT RESIDENT OF HOTTE THIMMAIAH PALYA HULIYURDURGA HOBLI, KUNIGAL TALUK TUMKUR DISTRICT-572123 …PETITIONER (BY SRI. H S SANTHOSH., ADVOCATE) AND: 1. STATE OF KARNATAKA BY RAJAGOPALANAGAR P S REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURE 560001 2. GURUKUMAR S/O LATE CHANNEGOWDA, AGED ABOUT 37 YEARS, R/A 49/71, ANNAPURNESHWARI NAGAR, LAGGERE, BANGALORE 560058 …RESPONDENTS (BY SRI. ANOOP KUMAR M V, HCGP FOR R1; NOTICE TO R2 IS DEFERRED V/O DTD 21.08.2025) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49529 CRL.P No. 7721 of 2025 THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO ALLOW THIS PETITION AND SET ASIDE THE ORDER DATED 03.05.2025 AND CONSEQUENTLY ALLOW THE APPLICATION DATED 05.04.2025 FILED UNDER SEC.311 OF CRPC AND PERMIT THE PETITIONER TO CROSS EXAMINE THE WITNESSES PWS. 1,8,9 IN THE PROCEEDINGS PENDING ON THE FILE OF THE ADDL. CITY CIVIL AND SESSIONS JUDGE, (FTSC-II) BENGALURU IN SPL.C.C.NO.2117/2022. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER The application filed under Section 311 of Cr.P.C., seeking to recall PW1, PW8 and PW9 for the purpose of cross-examination, has been rejected by the trial Court, which Order is assailed in this petition. 2. Petitioner is accused No.1 in Spl.C.C.No.2117/2022 pending on the file of the Court of the Additional City Civil and Sessions Judge (FTSC-II) at Bengaluru. He is facing trial along with others for the offence punishable under Section 366A, 376, 465, 468, 471, 420 and 506 r/w 34 of IPC, Section 5 (L) 6 of the - 3 - HC-KAR NC: 2025:KHC:49529 CRL.P No. 7721 of 2025 POCSO Act, 2012 and Section 9 and 10 of the Prohibition of Child Marriage Act. 3. The learned Special Court has rejected the application on the ground that, several opportunities were granted to the accused to cross examine the witnesses, but opportunities were not availed. The material on record and the order sheet of the trial Court would reveal that, several opportunities were given to the petitioner/accused No.1 to cross examine PW1, PW8 and PW9, on imposition of cost. However, the opportunities were not availed. It is contented by the learned counsel for the petitioner that, a request was made by the petitioner to the trial Court to permit him to cross examine all the three witnesses on the same day and on certain occasions, they were not present together, therefore, due to the said confusion, cross examination was not conducted and the learned counsel for the accused was also not able to be present before the Trial Court. - 4 - HC-KAR NC: 2025:KHC:49529 CRL.P No. 7721 of 2025 4. In this case, the statement of the accused under Section 313 of Cr.P.C. (Section 351 of BNSS, 2023) is already recorded. However, this Court finds that the accused is facing serious charges. If the material witnesses are not cross examined by him, great prejudice would be caused to the accused, leading to miscarriage of justice. 5. Considering that the judgment is not already pronounced in the case, an opportunity can be given to the petitioner/accused no.1 to cross examine PW1, PW8 and PW9, keeping in view that, the said witnesses are material witnesses and they are not at all cross examined by the petitioner, however by imposing costs on the petitioner. 6. Hence the following : ORDER i) Petition is allowed. - 5 - HC-KAR NC: 2025:KHC:49529 CRL.P No. 7721 of 2025 ii) The order dated 03.05.2025 passed by the Court of the Additional City Civil and Sessions Judge (FTSC-II) at Bengaluru in Spl.C.C.No.2117/2022, rejecting the application filed by the petitioner under Section 311 Cr.P.C is hereby set aside. iii) The petitioner is permitted to cross examine PW1, PW8 and PW9 and the learned Special Court is directed to permit the petitioner to cross examine the said witnesses fixing a date, as far as possible, not later than 15 days from the date of receipt of a copy of this order, making it clear that the cross examination shall be conducted by the petitioner on the date fixed by the Special Court. iv) If further recording of statement of the accused is required under Section 313 Cr.P.C. (351 BNSS), the same shall be recorded after the cross-examination, or re-examination by the prosecution. - 6 - HC-KAR NC: 2025:KHC:49529 CRL.P No. 7721 of 2025 v) Petitioner shall deposit a cost of Rs.5,000/- (Rupees five thousand only) each, which shall be payable to PW1, PW8 and PW9, respectively, on the date of their cross-examination. A copy of the order shall be communicated to the trial Court, by the registry. Sd/- (MOHAMMAD NAWAZ) JUDGE rs List No.: 1 Sl No.: 34