- 1 - HC-KAR NC: 2025:KHC:47800 CRL.P No. 15819 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 15819 OF 2025 BETWEEN: 1. NAGARAJU RAO S/O ANNOJI RAO, AGED ABOUT 29 YEARS, R/O. HANUMANTHAPURA VILLAGE, BHADRAVATHI TALUK, SHIVAMOGGA-577 301. 2. MANJOJI RAO S/O RUDROJI, AGED ABOUT 53 YEARS, R/O. HANUMANTHAPURA VILLAGE, BHADRAVATHI TALUK, SHIVAMOGGA-577 301. …PETITIONERS (BY SRI. SHREYAS M. BASAREDDY, ADVOCATE) AND: THE STATE OF KARNATAKA BY: HOLEHONNUR PS, (REP. BY: THE SPP, HIGH COURT PREMISES, BENGALURU CITY-560 001). …RESPONDENT (BY SRI. RAHUL RAI K., HCGP) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47800 CRL.P No. 15819 of 2025 17.10.2025, PASSED BY THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA SITTING AT BHADRAVATHI, IN S.C.NO.5056/2022 AND FURTHER BE PLEASED TO DIRECT THE TRIAL COURT TO RECALL THE PW-1, 6 AND 14 AND FURTHER EXAMINE FOR THE REASON STATED ABOVE VIDE ANNEXURE-E. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Learned HCGP accepts notice for the State. 2. The application filed under Section 311 of Cr.P.C. on behalf of accused Nos.1 and 2 for further cross- examination of PWs.1, 6 and 14 has been rejected by the trial Court, which order is assailed in this petition. 3. Learned counsel submits that though he has filed the application for further cross-examination of PWs.1, 6 and 14, he will confine the said application in respect of PW14 alone and will cross-examine the said witness on the same day of his appearance before the trial Court. - 3 - HC-KAR NC: 2025:KHC:47800 CRL.P No. 15819 of 2025 4. The material on record reveals that PW14 was examined-in-chief on 13.8.2025 and cross-examined on behalf of accused Nos.1 and 2 on the very same day. The learned Sessions Judge while rejecting the application for further cross-examination of PWs.1, 6 and 14, has observed that the defence has not specifically stated as to what are the questions that the defence has left over and further, serious prejudice and injustice will be caused to the prosecution if the application is allowed. 5. Considering the submission now made by the learned counsel for the petitioner, restricting his prayer for further cross-examination of only PW14 and taking into consideration that the said witness is the I.O., who conducted the investigation, application filed under Section 311 of Cr.P.C. before the trial Court is allowed in part. 6. Petitioners/accused No.1 and 2 are permitted to further cross-examine PW14, providing specifics/details on the areas of cross-examination. The learned trial Judge - 4 - HC-KAR NC: 2025:KHC:47800 CRL.P No. 15819 of 2025 shall permit them to cross-examine PW14, by fixing a date, making it clear that no further time shall be granted. Petition is disposed of. I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 74