- 1 - HC-KAR NC: 2026:KHC:13252 CRL.P No. 1068 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 1068 OF 2026 BETWEEN: 1. MADHU KUMAR @ MADHU N. AGED ABOUT 35 YEARS S/O. NAGARAJU R/AT. NO.625, 6TH CROSS, RANGANATHAPURA, KAMAKSHIPALYA, BENGALURU CITY - 560 079. …PETITIONER (BY SRI. RAKSHITH R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY AKKURU P.S., REPRESENTED BY SPP, HIGH COURT BUILDING, BENGALURU-560 001. Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13252 CRL.P No. 1068 of 2026 2. SRI. SOMASHEKHAR, S/O. SWAMY AGED ABOUT 31 YEARS, R/AT. IGGALLUR VILLAGE, CHANAPATANA TALUK, RAMANAGARA DISTRICT - 562 138 …RESPONDENTS (BY SMT. SOWMYA R., HCGP FOR R1) THIS CRL.P IS FILED U/S 482 OF CR.P.C. (U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH/SET ASIDE THE ORDER DTD 20.12.2025 IN SC.NO.167/2011 PENDING ON THE FILE OF THE HONBLE LEARNED I ADDL. DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE, RAMANAGARA, HOLDING CHARGE OF III ADDL. DISTRICT AND SESSIONS JUDGE, RAMANAGARA AND ALLOW THE APPLICATION U/S 311 OF CR.P.C. FILED BY THE PETITIONER. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:13252 CRL.P No. 1068 of 2026 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question an order of the concerned Court dated 20.12.2025 in S.C.No.167/2011, whereby the concerned Court rejects an application filed under Section 311 of the Cr.P.C., seeking recall of CWs.1 to 6 for the purpose of further cross-examination. The rejection of the application has driven the petitioner to this Court in the subject petition. 2. Heard Sri. Rakshith R., learned counsel appearing for the petitioner and Smt. Sowmya R., learned HCGP appearing for respondent No.1. 3. Learned counsel appearing for the petitioner submits that it was the first opportunity that the petitioner sought for further cross-examination of CWs.1 to 6 and no opportunity is granted for further cross-examination. Several witnesses were examined only in 2019 and 2020, after which, - 4 - HC-KAR NC: 2026:KHC:13252 CRL.P No. 1068 of 2026 the petitioner has filed his application seeking further cross- examination. 4. Learned HCGP would refute the submissions contending that it is only a ruse to drag the proceedings. 5. I have given my anxious consideration to the respective submissions made by the learned counsel and have perused the material on record. 6. The petitioner admittedly facing charges for offences punishable Sections 395 and 397 of the IPC, which is for dacoity. Therefore, in the event the petitioner would get convicted, it would be an offence, which would be punishable for more than 7 years. In that light, the opportunity ought to have been given to the present petitioner to cross-examine/ further cross-examine the witnesses that he had sought. However, this cannot be treated as a ruse to drag the proceedings. As a last straw of opportunity, I deem it appropriate to allow the application filed by the petitioner seeking recall of CWs.1 to 6. - 5 - HC-KAR NC: 2026:KHC:13252 CRL.P No. 1068 of 2026 7. For the aforesaid reasons, the following: ORDER (i) The petition is allowed. (ii) The impugned order dated 20.12.2025 passed in S.C.No.167/2011 passed by the III Additional District and Sessions Judge, Ramanagara, is hereby set aside. (iii) The application filed by the petitioner stands allowed. (iv) The concerned Court shall fix dates for cross- examination of the witnesses and a direction to conclude the cross-examination within two days of those witnesses. (v) It is made clear that no further application of the kind will be entertained. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 9 CT:SG