- 1 - HC-KAR NC: 2025:KHC:45542 CRL.P No. 12642 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.12642 OF 2025 BETWEEN: SRI RAMANJI @ RAMANJI S/O KADUPULU VENKATESHAPPA AGED ABOUT 29 YEARS R/AT YELLAMPALLI VILLAGE MITTEMARI HOBLI, BAGEPALLI TALUK CHIKKABALLAPUR DISTRICT – 562 101 …PETITIONER (BY SRI. KALYAN R., ADVOCATE) AND: THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER GUDIBANDE POLICE STATION GUDIBANDE CHIKKABALLAPURA – 562 101 …RESPONDENT (BY SRI. RAHUL RAI K., HCGP) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 03.05.2025 ON I.A NO.1 FILED U/S 311 OF THE CODE OF CR.P.C, IN SPECIAL S.C (POCSO) NO.93/2021 PASSED BY THE ADDITIONAL SESSIONS JUDGE, FTSC-I AT CHIKKABALLAPURA Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:45542 CRL.P No. 12642 of 2025 BUT NOW PENDING BEFORE IV ADDL. DISTRICT AND SESSIONS JUDGE AT CHIKKABALLAPURA AS PER ANNEXURE-A TO THE PETITION AND CONSEQUENTLY TO ALLOW THE APPLICATION FILED BY THE PETITIONER U/S 311 OF THE CODE OF CRIMINAL PROCEDURE AND ETC THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER The learned HCGP takes notice for the State. 2. The Order dated 3.5.2025 on I.A.No.1, passed by the learned Additional Sessions Judge, Fast Track Special Court-I (POCSO) at Chikkaballapura, in Spl.S.C.(POCSO) No.93/2021, rejecting the application filed by the petitioner/accused under Section 311 of Cr.P.C. is called in question in this petition. 3. Petitioner is facing trial for a serious offence under the POCSO Act, 2012, IPC offences as well as under the Prohibition of Child Marriage Act, 2006. - 3 - HC-KAR NC: 2025:KHC:45542 CRL.P No. 12642 of 2025 4. The minor victim, in the case was examined by the trial Court on 15.12.2021 and initially cross-examination was deferred, at the request of the defence. Later, no cross-examination was conducted. The application under Section 311 Cr.P.C. to recall CW2/PW1 was filed on 19.4.2025 vide Annexure-G, obviously at a belated stage, which has been rejected by the Sessions Court, vide impugned order dated 3.5.2025. 6. The reasons assigned for rejecting the application by the learned Sessions Judge, though cannot be found fault with, keeping in view that the petitioner has serious criminal charge against him and as it is noticed that CW2/PW1 was not at all cross-examined by the defence, an opportunity can be given to him to cross-examine CW2/PW1, however, by imposing cost. 7. If the judgment is not already pronounced in this case, the learned Sessions Judge shall provide an opportunity for the defence to cross-examine CW2/PW1 by - 4 - HC-KAR NC: 2025:KHC:45542 CRL.P No. 12642 of 2025 fixing a date and making it clear that no further time shall be granted for cross-examination. 8. As it is submitted by the learned counsel that the statement of the accused has been recorded under Section 313 of Cr.P.C. and the application for recalling the witness was filed prior to the said recording, after cross-examination of PW1 and further chief examination, if any, further statement of the accused under Section 313 Cr.P.C. be recorded, if necessary, in accordance with law. 9. On the date fixed for cross-examination as aforesaid, the petitioner shall pay cost of Rs.10,000/- (Rupees ten thousand only) to the complainant. 10. Order dated 3.5.2025 passed on I.A.No.1 in Spl.S.C.(POCSO) No.93/2021 by the learned Additional Sessions Judge, Fast Track Special Court-I (POCSO) at Chikkaballapura, is set aside. - 5 - HC-KAR NC: 2025:KHC:45542 CRL.P No. 12642 of 2025 11. Petition is disposed of. Consequently, I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 41