- 1 - HC-KAR NC: 2025:KHC:49118 CRL.P No. 15052 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 15052 OF 2025 BETWEEN: 1. BASAVARAJA @ BASAVARAJA BHOVI S/O SEENA BHOVI AGED ABOUT 30 YEARS R/AT BANDHURU BHOVI COLONY VILLAGE JAVGAL HOBLI, ARASIKERE TALUK HASSAN DISTRICT – 03. 2. SEENA BHOVI S/O LATE VENKATESHA BHOVI AGED ABOUT 65 YEARS R/AT BANDURU BHOVI COLONY VILLAGE JAVGAL HOBLI, ARASIKERE TALUK HASSAN DISTRICT – 03. 3. RAJA BHOVI @ RAJA S/O SEENA BHOVI AGED ABOUT 28 YEARS R/AT BANDURU BHOVI COLONY VILLAGE JAVGAL HOBLI, ARASIKERE TALUK HASSAN DISTRICT – 03. 4. NAGA BHOVI @ NAGA S/O CHINNA BHOVI AGED ABOUT 29 YEARS R/AT KARBORANA VADDARAHATTI VILLAGE JAVGAL HOBLI, ARASIKERE TALUK HASSAN DISTRICT – 03. 5. KARIYAPPA S/O MUNIYA BHOVI Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49118 CRL.P No. 15052 of 2025 AGED ABOUT 40 YEARS R/AT CHATTANAHALLY BHOVI COLONY VILLAGE, JAVGAL HOBLI ARASIKERE TALUK HASSAN DISTRICT – 03. 6. SWAMY S/O THIMMA BHOVI AGED ABOUT 33 YEARS R/AT KARBORNAVADDARAHATTI MALGEMAHALYYHATTI JAVGAL HOBLI, ARASIKERE TALUK HASSAN DISTRICT – 01. …PETITIONERS (BY SRI. PRATHEEP.K.C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY HOLENARASIPURA RURAL POLICE STATION HASSAN DISTRICT REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560001. 2. SRI. VENKATESHABHOVI S/O MARIGABOVI AGED ABOUT 30 YEARS R/AT BANDURUBHOVI COLONY VILLAGE JAVGAL HOBLI, ARASIKERE TALUK HASSAN DISTRICT – 01. …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE ORDER DATED 19.09.2025 IN S.C. NO. 147/2017 PASSED BY THE HONBLE II ADDL. DISTRICT AND SESSIONS JUDGE, HASSAN AND - 3 - HC-KAR NC: 2025:KHC:49118 CRL.P No. 15052 of 2025 CONSEQUENTLY ALLOW THE APPLICATION FILED BY THE PETITIONERS U/S 311 OF CRPC. 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 takes notice for the State. 2. Heard the Learned counsel for petitioners, learned High Court Government Pleader and perused the material on record. 3. The application filed by the petitioners under Section 311 Cr.P.C., for recalling PW6, an eyewitness in the case, for cross-examination, has been rejected by the learned Sessions Judge on the ground that no valid reasons are shown in the application for non-cross- examination of PW6 on previous two occasions and there is a danger to the safety of the witness. - 4 - HC-KAR NC: 2025:KHC:49118 CRL.P No. 15052 of 2025 4. As could be seen from the material on record, PW6 was examined by the prosecution on 19.02.2021 and also on 28.10.2021. The learned counsel for the accused sought an adjournment for her cross examination and therefore, time was granted. On the next date of hearing i.e., on 10.06.2022 when PW6 was present before the court, time was sought on behalf of the accused for cross- examination and therefore, the cross-examination was taken as nil. The present application under Section 311 Cr.P.C., was filed belatedly after more than 3 years. 5. The petitioners are facing a serious charge under Section 302, 307 of IPC and other offences. PW6 is an eyewitness and she is said to have supported the case of prosecution. It is submitted by the learned counsel that PW6 had sought protection, which prayer was granted by the trial Court. He submits that the matter is now posted for recording of the statement of the accused and if the application is not allowed, then great prejudice would be cause to the defense. - 5 - HC-KAR NC: 2025:KHC:49118 CRL.P No. 15052 of 2025 6. Considering that the petitioners are facing a serious charge, an opportunity has to be given to them for cross-examination of PW6, an eyewitness to the incident, considering the fact that she was not at all cross- examined, however, by imposing substantial cost, in order to meet the ends of justice. Hence, the following: ORDER (i) The order dated 19.09.2025 passed by the Court of II Additional District and Sessions Judge, Hassan in S.C.No.147/2017 is hereby set aside. (ii) Application filed under Section 311 Cr.P.C., is allowed. (iii) Petitioners shall deposit a total cost of Rs.20,000/- (Rupees Twenty Thousand only) before the trial Court on or before 09.12.2025, payable to PW6. (iv) The Learned Sessions Judge shall permit the petitioners to cross-examine CW2/PW6, by fixing a date, making it clear that no further time shall be granted. - 6 - HC-KAR NC: 2025:KHC:49118 CRL.P No. 15052 of 2025 Petition is disposed of. I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 68