- 1 - HC-KAR NC: 2026:KHC:16667 CRL.P No. 4540 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 4540 OF 2026 BETWEEN: 1. SMT. JAYABAI W/O LAKSHMINAIK AGED ABOUT 58 YEARS 2. SRI. RAVINAIK K. L., C/O LAKSHMANA NAIK AGED ABOUT 37 YEARS 3. SRI SANTHOSH NAIK K. L., S/O LAKSHMANA NAIK AGED ABOUT 34 YEARS 4. SMT. NEELABAYI C/O LAKSHMA NAIK AGED ABOUT 56 YEARS PETITIONER NOS. 1 TO 4 ARE R/AT NO.67, KELAGINANAYAKARANDAHALLI ANTHARAHALLI POST DOD BALLAPUR BANGALORE RURAL DISTRICT KARNATAKA – 561 203. 5. SRI NANJUNDACHAR S/O ASHWATHACHAR Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:16667 CRL.P No. 4540 of 2026 R/AT NO.73 BACHAHALLI ANTHARAHALLI POST DODDABALLAPURA TALUK DOD BALLAPUR BANGALORE RURAL DISTRICT KARNATAKA – 561 203. 6. SMT. SUMITHRA BAI W/O NATARAJA NAIK KELAGINANAYAKARANDAHALLI BENGALURU RURAL DISTRICT KARNATAKA – 561 203. 7. PADMA BAI K. L., W/O SRINIVASANAIK AGED ABOUT 37 YEARS THUBARGERE HOBLI VTC: KELAGINANAYAKARANDAHALLI PO: ANTHARACHALLI SUN DISTRICT: DODBALLAPUR DISTRICT BANGALORE RURAL KARNATAKA – 561 203. …PETITIONERS (BY MS. RAKSHITHA P.SINGH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY DODDABALLAPURA RURAL POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001. 2. SMT. MUNI BAI W/O NARASIMHAIAH - 3 - HC-KAR NC: 2026:KHC:16667 CRL.P No. 4540 of 2026 AGE: MAJOR R/AT NO.66, 5TH CROSS KIRLOSKAR FOUNDRY YASWANTHAPURA BENGALURU CITY KARNATAKA – 560 022. …RESPONDENTS (BY SRI B.N.JAGADEESHA, ADDL. SPP FOR R1) THIS CRL.P IS FILED U/S 482 CR.P.C (FILED U/S 528 BNSS) PRAYING TO QUASH THE ORDER DATED 29.01.2026 PASSED IN SPL.C NO. 113/2014 BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, BANGALORE RURAL DISTRICT AT BANGALORE AND ALLOW THE PETITIONERS TO CROSS EXAMINE OF PW.9 AND PW.18 AND TO DEPOSIT WITNESS BATHA OF RS.5,000/- EACH AS PER ORDER DATED 03.01.2026 PASSED IN SPL.C NO. 113/2014 BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, BANGALORE RURAL DISTRICT AT BANGALORE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court seeking the following prayer: “WHEREFORE, Petitioners humbly prays that this Hon'ble Court may be pleased to quash the order dated 29.01.2026 passed in SPL.C No.113/2014 by the II Additional District and Sessions Judge, Bangalore Rural District at Bangalore and allow the petitioners to cross examine of PW.9 and PW.18 and to deposit witness batha of Rs.5,000/- each as per order dated 03.01.2026 passed in SPL.C No.113/2014 by the II Additional District and Sessions Judge, Bangalore Rural District at Bangalore, in the ends of Law and justice.” - 4 - HC-KAR NC: 2026:KHC:16667 CRL.P No. 4540 of 2026 2. Heard Ms. Rakshitha P. Singh, learned counsel for petitioners and Sri B.N.Jagadeesha, learned Additional State Public Prosecutor for respondent No.1. 3. Facts, in brief, germane are as follows: The petitioners are accused Nos.1 to 4 and 6 to 8, who are facing proceedings in Spl.C.No.113/2014. The issue in the lis is not with regard to the merit of the matter. An application is filed by the petitioners under Section 348 of the BNSS or Section 311 of the Cr.P.C., the earlier regime, in Special Case No.113/2014 seeking permission to recall prosecution witnesses – PWs.9 and 18. The application comes to be allowed by the concerned Court, with a condition that an amount of ₹5,000/- for each of the witnesses as witness bhatta should be deposited before the concerned Court on or before 07.01.2026. Due to inadvertent gap in communication, it transpires that the amount of ₹10,000/- is not deposited by the petitioners and therefore, the opportunity of further cross- examination is now at jeopardy. - 5 - HC-KAR NC: 2026:KHC:16667 CRL.P No. 4540 of 2026 4. Learned counsel for the petitioners submits that the petitioners would immediately deposit the amount as was directed by the concerned Court, if this Court would permit to do so and the concerned Court be directed to permit the petitioners to recall prosecution witnesses – PWs.9 and 18 for further cross-examination. 5. In that light, I deem it appropriate to permit the petitioners to deposit the amount of ₹10,000/- in the next 3 days and the concerned Court to fix the date for further cross- examination of PW.9 and PW.18 in terms of the order dated 03.01.2026, whereby, the concerned Court has directed to deposit amount, while allowing the application under Section 348 of the BNSS. 6. For the aforesaid reasons, the following: ORDER a. The criminal petition is allowed. b. The impugned order dated 29.01.2026, passed by the II Additional District and Sessions Judge, Bengaluru, stands quashed. - 6 - HC-KAR NC: 2026:KHC:16667 CRL.P No. 4540 of 2026 c. The order dated 03.01.2026, passed by the II Additional District and Sessions Judge, Bengaluru, stands recalled and modified, by permitting the petitioners to deposit the amount of ₹5,000/- to each of the prosecution witnesses – PWs.9 and 18, as witness bhatta within 27.03.2026. d. The concerned Court shall permit the petitioners for further cross-examination of PW9 and PW18 on the date fixed by it, subject to the deposit of ₹10,000/- as was indicated in the order dated 03.01.2026. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 2 Sl No.: 29