- 1 - HC-KAR NC: 2025:KHC:25126 WP No. 20202 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 WRIT PETITION NO. 20202 OF 2025 (GM-RES) BETWEEN: SRI LOKESH L. @ LOKI S/O. KRISHNAPPA AGED ABOUT 29 YEARS, R/A NO.128, 5TH CROSS, PIPE LINE, TELECOM LAYOUT, SUNKADAKATTE, BANGALORE – 560 091 …PETITIONER (BY SRI. SARAVANA S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY SUBRAMANYANAGAR PS REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560 001. 2. SRI. MANJUNATH P. SON OF LATE PANDURANGA RAO AGED ABOUT 29 YEARS, R/A NO.4021, 3RD CROSS, B BLOCK, GAYATRINAGAR BANGALORE – 560 021 …RESPONDENTS (BY SMT. SOWMYA R., HCGP FOR R1; VIDE ORDER DATED 09.07.2025, NOTICE TO R2 IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 BHARATIYA NAGARIKA SURAKSHA SANHITA 2023 PRAYING TO QUASH THE ORDER DATED 05.04.2025 DISMISSING THE APPLICATION OF Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25126 WP No. 20202 of 2025 PETITIONER FILED UNDER SECTION 311 OF CODE OF CRIMINAL PROCEDURE 1973 IN SC NO.703/2018 ON THE FILE OF THE LXIII ADDL. CITY CIVIL AND SESSIONS JUDGE BENGALURU CITY, AT ANNEXURE – E IN SO FAR AS PETITIONER CONCERNED. THIS PETITION, COMING ON FOR PRELMININARY HEARING, 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.703/2018 on the file of the LXIII Additional City Civil and Sessions Judge, Bengaluru challenging the order dated 05.04.2025, whereby, the application filed by the petitioner- accused No.1 under Section 311 of the Code of Criminal Procedure to recall the cross-examine of Investigating Officer who was examined as PW-8 was rejected. 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and perused the material on record. For the order proposed, service of notice to respondent No.2 is dispensed with. 3. A perusal of the material on record will indicate that the respondent No.2-complainant had instituted the aforesaid proceedings against the petitioner for the alleged offence - 3 - HC-KAR NC: 2025:KHC:25126 WP No. 20202 of 2025 punishable under Section 397 read with Section 34 of IPC. In the said proceedings, the respondent No.2-complainant examined himself as PW-3 and examined seven others as PWs-1 to 2, 4 to 8. However, PW-8 could not be cross examined. Subsequently, the petitioner-accused No.1 having filed the application under Section 311 of the Code of Criminal Procedure to recall the PW-8 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-8 further, the petitioner would complete the cross-examination of the PW-8 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-8 for further cross-examine be allowed. - 4 - HC-KAR NC: 2025:KHC:25126 WP No. 20202 of 2025 5. Per contra, learned HCGP for respondent No.1 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 No.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: ORDER i) The petition is allowed. ii) The impugned order dated 05.04.2025 passed in S.C. No.703/2018 on the file of the LXIII Additional City Civil and Sessions Judge, Bengaluru City, rejecting the application filed under Section 311 of the Code of Criminal - 5 - HC-KAR NC: 2025:KHC:25126 WP No. 20202 of 2025 Procedure to recall the PW -8 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-8 for further cross- examination is hereby allowed subject to petitioners paying cost of Rs.5,000/- to the respondent No.2-complainant before the Trial Court on the next date of hearing; iv) The petitioner shall complete further cross- examination of PW-8 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 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.: 25