- 1 - HC-KAR NC: 2026:KHC:32552 CRL.P No. 6559 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 6559 OF 2026 BETWEEN: SRI. J. RAGHUNATHAN S/O LATE V.K. JOTHILINGAM, AGED ABOUT 58 YEARS, R/AT NO. 150, 4TH AC CROSS, OPP. LAKSHMI NARASIMHA APARTMENTS, KASTURI NAGAR, BANGALORE - 560 043. …PETITIONER (BY SRI. NATARAJA H.C, ADVOCATE) AND: 1. STATE BY HALASURU POLICE STATION OLD MADRAS ROAD, BANGALORE - 560 008, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. 2. SMT. SARASWATHI.Y W/O J. KARTHIKEYAN AGED ABOUT 42 YEARS R/AT NO.58, 8TH STREET, JOGUPALYA, HALASURU BANGALORE - 560 008. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1) Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:32552 CRL.P No. 6559 of 2026 THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE IMPUGNED ORDER DATED 03.03.2026 PASSED BY THE FILE OF X ADDITIONAL CHIEF METROPOLITAN COURT AT BENGALURU AS ANNEXURE-A, IN CC NO.54596/2016 ON 03.03.2026 THEREBY ALLOWING THE APPLICATION UNDER SECTION 311 OF CRPC FILED BY THE PUBLIC PROSECUTOR BY RECALLING THE CW-1 FOR CHIEF EXAMINATION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER[ 1. The petitioner is before the Court calling in question an order of the Trial Court in C.C.No.54596/2016 dated 03.03.2026 allowing the application under Section 311 of Cr.P.C filed by the prosecution seeking recall of CW1 for further examination. 2. The petitioner - accused claiming to be aggrieved by the said order is before the Court challenging the same. The concerned Court has passed the following order; "ORDER Application filed by the Sr.APP U/s.311 of Cr.P.C is hereby allowed. CW1 is recalled. Issue w/s to CW1 to be present on the next date of hearing. R/by 27.04.2026." - 3 - HC-KAR NC: 2026:KHC:32552 CRL.P No. 6559 of 2026 3. A perusal at the order which allows the application would indicate that an opportunity was though granted to the respondent to cross examine CW1, it was not availed of on one instance or even two instances. That would not mean an application under Section 311 Cr.P.C should be rejected or could be challenged. It is only for the purpose of further cross examination and the purport of Section 311 of Cr.P.C, being elicitation of the truth in the journey of the trial, there would be no warrant of interference with the order that is passed as quoted herein above. The order does not brood any non application of mind for this Court to interfere. 4. Finding no merit in the petition, the petition stands rejected. Sd/- (M.NAGAPRASANNA) JUDGE GH List No.: 1 Sl No.: 0