- 1 - NC: 2025:KHC-D:1936 CRL.P No. 103232 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103232 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: VIJAY @ VIJAYKUMAR S/O. VEERABHADRAPPA HANJI AGE. 33 YEARS, OCC. AGRICULTURE, R/O. HALAGERI ONI, NAREGAL, TQ. RON, DISTRICT. GADAG. …PETITIONER (BY SRI. DAYANAND M. BANDI, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH NAREGAL P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580011. …RESPONDENT (BY SRI. T.HANUMAREDDY, ADDL. GOVT. ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.PC., SEEKING TO, SET ASIDE THE ORDER DATED 05.10.2023 PASSED BY THE COURT OF PRINCIPAL DIST AND SESSIONS JUDGE GADAG IN SC NO. 64/2016 IN ALLOWING THE APPLICATION FILED BY THE PROSECUTION U/S 311 OF CRIMINAL PROCEDURE CODE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.06 11:21:03 +0530 - 2 - NC: 2025:KHC-D:1936 CRL.P No. 103232 of 2023 ORAL ORDER The petitioner is facing trial for offences punishable under Sections 302 and 201 of the Indian Penal Code (IPC). The complainant, P.W.1, was examined in February 2018, and his evidence was closed after cross-examination by the learned counsel for the petitioner-accused. Thereafter, 29 prosecution witnesses were examined, and the prosecution side concluded its evidence. At that stage, the learned Special Public Prosecutor filed an application under Section 311 of the Code of Criminal Procedure (Cr.P.C.) to recall P.W.1 for further examination-in-chief, citing the need to mark material objects—M.O.9 to M.O.11, which are the skull and bones of the deceased. The Trial Court allowed the application, against which the present petition has been filed. 2. P.W.1 was examined in 2018, and his cross- examination was concluded in 2021. Thereafter, 29 prosecution witnesses were examined. The prosecution now seeks to recall P.W.1 solely for the purpose of marking M.O.9 to M.O.11, i.e., to identify the skull and bones allegedly belonging to P.W.1’s deceased daughter. However, P.W.5, who is a prosecution witness to the seizure mahazar under which M.O.9 to M.O.11 were recovered, did not support the prosecution’s case and turned hostile in 2021. 3. Admittedly, P.W.1 is neither a witness to the seizure mahazar under which M.O.9 to M.O.11 were recovered nor an expert qualified to identify human bones and skulls. Such identification must be established through medical evidence. - 3 - NC: 2025:KHC-D:1936 CRL.P No. 103232 of 2023 Therefore, there are no valid grounds for recalling P.W.1, and the order allowing his recall is not legally sustainable. Accordingly, I pass the following: ORDER i) The petition is allowed ii) The impugned order dated 5.10.2023 passed by the Court of Principal District & Sessions Judge, Gadag in S.C.No.64/2016 on the application under Section 311 of Cr.P.C is set aside and consequently, the application is dismissed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR Ct:VH List No.: 1 Sl No.: 6