- 1 - HC-KAR NC: 2026:KHC:29874 CRL.P No. 6756 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 6756 OF 2026 BETWEEN: RAVI S/O. DIVAKAR AGED ABOUT 50 YEARS, OCC DRIVER, KA17 M 8031 CAR DRIVER HALLIKERE VILLAGE, HARAPANAHALLI TALUK DAVANAGERE DISTRICT - 583 131 …PETITIONER (BY SRI. S.G. RAJENDRA REDDY, ADVOCATE) AND: STATE BY RURAL POLICE STATION, DAVANAGERE, REPTD. BY S.P.P. HIGH COURT BUILDING, BENGALURU - 560 001 …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 482 CR.P.C. (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ALLOW THIS CRL.P AND TO SET ASIDE THE ORDER DATED 23.03.2026 PASSED BY THE I ADDL.CIVIL JUDGE AND J.M.F.C DAVANAGERE IN C.C.NO.755/2016 CONSEQUENTLY ALLOW Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:29874 CRL.P No. 6756 of 2026 THE APPLICATIONS U/S 311 OF CR.PC FILED BY THE PETITIONER HEREIN. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORDER 1. The petitioner – accused is before the Court calling in question an Order dated 23.03.2026, passed by the I Additional Civil Judge and JMFC, Davanagere, in C.C.No.755/2016, rejecting an application filed by the petitioner under Section 311 of the Cr.P.C., seeking further cross-examination of PW2 and PW6, on the score that though an opportunity was already afforded, the petitioner had not cross-examined the said witnesses for two long years. 2. Heard Sri S.G.Rajendra Reddy, learned counsel for petitioner and Sri K. Nageshwarappa, lcearned High Court Government Pleader for the respondent - State. - 3 - HC-KAR NC: 2026:KHC:29874 CRL.P No. 6756 of 2026 3. The concerned Court passes the following order: ” ORDERS ON APPLICATION U/SEC.311 OF CR.P.C Accused counsel has filed application u/s 311 of Cr.P.C to recall of PW.2 and PW6 for cross examination. Ld APP filed objection to u/s 311 application. Heard the arguments on both side. On perusal of the Application u/s 311 of Cr.P.C stating that the matter is posted recording of statement U/sec. 313 of Cr.P.C at this stage accused counsel filed application to recall the PW2 and PW6 for cross examination and also submitted that cross examination of PW2 and PW6 are very much essential to disporve the case of the prosecution. Ld APP filed objection stating that matter is posted for recording of statement and PW2 examined on 30-07-2021 and PW6 examined on 23-03-2023 but accused counsel or accused are not made any effort since five years and the trial was commenced on 30-07-2021 moreover cognizence taken on 2016 and accused has not made out reasonable ground to allow the application for cross examination of PW2 and PW6. Hence the said application is not maintainable either in law or facts. On perusal of the order sheet and record it clearly shows that CW-1 examined as PW-2 on 30-07-2021, CW11 examined as PW6 on 23-03-2023 but the accused counsel not come Therefore cross examination of PW2 and PW6. Therefore, cross examination of PW2 and PW6 is closed and remaining witness evidence recorded and trial is completed on 12-02-2026 Thereafter matter is posted for statement U/sec. 313 of Cr.P.C and the - 4 - HC-KAR NC: 2026:KHC:29874 CRL.P No. 6756 of 2026 court has given sufficient opportunity to the accused counsel for cross examination of PW2 and PW6. even though accused counsel not come forward to file application for cross examination of PW2 and PW6 but now the accused counsel has filed present application and submits that to recall the PW-2 and PW6 for examination. On perusal of the prosecution papers PW-2 is a complainant evidence recorded on 30-07-2021 and PW6 is a eye witness evidence recorded on 23-03-2023 since from 2023 the accused counsel has not made out any efforts and also accused counsel has not made out sufficient grounds to allow the said application if the case is reopened for cross examination of PW2 and PW6 it may be chances to delay the case of prosecution. Hence, the following; ORDER The application filed by the accused counsel under section 311 of Cr.P.c is hereby rejected. For examination of accused under section 313 of Cr.P.C by 27-03-2026." 4. Though the reasons rendered by the concerned Court would undoubtedly merit acceptance, but the cross- examination of PW2 and PW6 would be imperative in the light of the averments made in the petition. Therefore, I deem it appropriate to grant one opportunity to the petitioner to cross-examine PW2 and PW6. The cross- - 5 - HC-KAR NC: 2026:KHC:29874 CRL.P No. 6756 of 2026 examination should conclude on the same day that the concerned Court would fix for such cross-examination. 5. For the aforesaid reasons, the following; ORDER (i) The petition is allowed. (ii) The order dated 23.03.2026 stands quashed. (iii) The application filed by the petitioner under Section 311 of the Cr.P.C. is allowed. (iv) The concerned Court shall permit such cross-examination of PW2 and PW6 on a particular day fixed by it. (v) It is made clear that the concerned Court shall not grant any adjournment and on the same day direct conclusion of the cross- examination of PW2 and PW6. - 6 - HC-KAR NC: 2026:KHC:29874 CRL.P No. 6756 of 2026 (vi) In the event, the petitioner would seek adjournment on the said day that would be fixed by the concerned Court, this order would not enure to his benefit. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE GH List No.: 1 Sl No.: 14