- 1 - HC-KAR NC: 2025:KHC:40022 CRL.P No. 13829 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13829 OF 2025 BETWEEN: MR. NASRULLA AGE ABOUT 33 YEARS, S/O ISMAIL KHAN, R/A KADEKALU, SHIVAMOGGA TQ AND DIST. PIN: 577 201. …PETITIONER (BY SRI. MALATESH H., ADVOCATE) AND: THE STATE BY RURAL POLICE STATION, BHADRAVATHI, SHIVAMOGGA DISTRICT, (REPRESENTED BY THE STATE PUBLIC PROSECUTOR), HIGH COURT OF KARNATAKA, BANGALORE-01. …RESPONDENT (BY SRI. RAHUL RAI K., HCGP) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO SET-ASIDE THE ORDER DATED 17.09.2025, ON THE APPLICATION FILED BY THE PETITIONER UNDER SECTION 311 OF THE CRIMINAL PROCEEDURE CODE TO RECALL THE PW.1 TO PW.4 FOR THE CROSS EXAMINATION, PASSED BY THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:40022 CRL.P No. 13829 of 2025 SHIVAMOGGA, SITTING AT BHADRAVATHI IN S.C.NO.5058/2021 (CRIME NO.31/2019) REGISTERED BY BHADRAVATHI RURAL POLICE, FOR THE OFFENCE UNDER SECTION 399 AND 402 OF THE IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Learned High Court Government Pleader accepts notice for the State. 2. Heard both sides and perused the material on record. 3. The order dated 17.09.2025 passed by the learned Sessions Judge in S.C.No.5058/2021, rejecting the application filed by the petitioner/accused No.5 under Section 311 of Cr.P.C., is assailed in this petition. 4. Learned counsel for petitioner would contend that the prosecution examined PWs.1 to 4 before the trial Court to establish the charges levelled against accused Nos.1 to 5 for the offences punishable under Section 399 - 3 - HC-KAR NC: 2025:KHC:40022 CRL.P No. 13829 of 2025 and 402 of IPC, but petitioner/accused No.5 has not properly cross-examined the said witnesses. He submitted that the previous advocate who appeared for petitioner has adopted the cross-examination conducted by the advocate appearing for accused Nos.1, 2 & 4 and therefore, the petitioner may be given an opportunity to effectively cross-examine the said witnesses, for the just decision of the case. 5. It is submitted by the learned counsel that since the Advocate engaged by the petitioner did not properly cross-examine the prosecution witnesses and adopted the cross-examination conducted by the Advocate appearing for accused Nos.1, 2 and 4, petitioner has changed the earlier Advocate. He submitted that if the application filed by the petitioner is not allowed and he is not given an opportunity to cross-examine the prosecution witnesses then serious prejudice will be caused to the petitioner, on the other hand no hardship or prejudice will be caused to the prosecution. - 4 - HC-KAR NC: 2025:KHC:40022 CRL.P No. 13829 of 2025 6. The case is pending before the trial Court since 2021. Infact, when PW.1 was cross-examined by the learned Advocate appearing for accused Nos.1, 2 and 4, on 10.01.2025, the advocate appearing for petitioner has cross-examined the said witness. However, insofar as PWs.2 to 4 are concerned, it is seen that the cross- examination conducted by the Advocate appearing for accused Nos.1, 2 and 4 has been adopted by accused No.3 and 5. 7. Considering that no separate cross-examination has been conducted insofar as petitioner/accused No.5 is concerned and to meet the ends of justice and ensure a fair trial, an opportunity can be given to the petitioner to cross-examine PWs.2 to 4, however, by imposing cost. Hence, the following: ORDER (i) Petition is allowed. - 5 - HC-KAR NC: 2025:KHC:40022 CRL.P No. 13829 of 2025 (ii) The order dated 17.09.2025 passed in S.C.No.5058/2021 by the Court of IV Additional District and Sessions Judge, Shivamogga, sitting at Bhadravathi is set aside. (iii) The application filed by the petitioner/accused No.5 is allowed, permitting him to cross-examine PWs.2 to 4, subject to payment of cost of Rs.2,000/- (Rupees Two Thousand only) each to the said witnesses which shall be payable on the date of their cross-examination. (iv) The learned Sessions Judge shall fix a date for cross-examination of the witnesses on which date, the petitioner shall cross-examine them, making it clear that no further time shall be granted. I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 79