- 1 - HC-KAR NC: 2025:KHC:27422 CRL.P No. 6355 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 6355 OF 2025 BETWEEN: MS. YASASHWINI R.N., D/O. NAGARAJAMURTHY, AGED ABOUT 21 YEARS, R/AT MANKUNDA VILLAGE, CHANNAPATNA TALUK, RAMANAGARA DISTRICT - 562 108. …PETITIONER (BY SRI. LOKESHA K., ADVOCATE) AND: 1. STATE OF KARNATAKA, [RAJAJI NAGAR POLICE STATION], BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. 2. PRAVEEN D. P., S/O PUTTASWAMY, AGED ABOUT 30 YEARS, NO.196, 1ST CROSS, 2ND MAIN, KAMALANAGAR, BENGALURU - 560 079. …RESPONDENTS (BY SRI.THEJESH P., HCGP FOR R1; SRI.ROSHAN M.C., ADVOCATE FOR R2) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27422 CRL.P No. 6355 of 2025 THIS CRL.P. IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 14.03.2025, VIDE ANNEXURE-B PASSED BY THE HONBLE ADDL. CITY CIVIL AND SESSIONS JUDGE (FTSC-II) IN SPL.C.NO.571/2023 AND ALLOW THE APPLICATION OF THE VICTIM TO RECALL HERSELF (PW-4) FOR HER RE- EXAMINATION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question an order dated 14.03.2025 passed by the concerned Court in Spl.C.No.571/2023, whereby the application filed by the victim to examine herself has been declined. 2. Heard Sri. Lokesha K., learned counsel appearing for the petitioner, Sri. Thejesh P., learned HCGP appearing for respondent No.1, Sri. Roshan M.C., learned counsel appearing for respondent No.2 and have perused the material on record. - 3 - HC-KAR NC: 2025:KHC:27422 CRL.P No. 6355 of 2025 3. A complaint comes to be registered on 01.12.2022 in Crime No.9/2023 after its transfer to Rajajinagar police station for several offences including the offences under the Protection of Children from Sexual Offences Act, 2012. The police, after investigation, have filed the charge sheet and the matter is pending before the concerned Court as Spl.C.No.571/2023. The issue in the lis is not with regard to the merit of the matter. The petitioner-victim files an application seeking further examination of herself under Section 311 of the Cr.P.C. The concerned Court rejects the application on several grounds including the one that the petitioner-victim has already examined herself and there is no question for permitting further examination. 4. Learned counsel appearing for the accused and the State would in unison submit that one opportunity be given, but that should not become the ruse to drag the proceedings on the said date. If a direction is rendered to conclude the examination, they would have no objection for allowing the application. - 4 - HC-KAR NC: 2025:KHC:27422 CRL.P No. 6355 of 2025 5. In that light, I deem it appropriate to set aside the order impugned and direct the concerned court to permit further examination of the victim with a condition that the victim should conclude her examination on the said day itself. 6. It is made clear that no further opportunity of the kind that is now sought, would be granted to the victim to examine herself. 7. It is open to the concerned court to regulate its procedure, thereafter. 8. For the aforesaid reasons, the following: ORDER (i) The petition is allowed. (ii) The order dated 14.03.2025 passed by the Additional City Civil and Sessions Judge (FTSC-II) in Spl.C.No.571/2023 stands quashed. (iii) The application filed by the petitioner-victim stands allowed. - 5 - HC-KAR NC: 2025:KHC:27422 CRL.P No. 6355 of 2025 (iv) The petitioner-victim shall complete her further examination on 30.07.2025. 9. It is made clear that no further adjournment should be granted on the matter on the score of examination and this would be the last straw of opportunity to the petitioner. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 2