- 1 - HC-KAR CNR: KAHC010454352026 NC: 2026:KHC:46575 CRL.P No. 9760 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN CRIMINAL PETITION NO.9760 OF 2026 (482 (Cr.PC)/528(BNSS)) BETWEEN: 1. SHARANA KUMAR S/O NARENDRA THANGA AGED ABOUT 43 YEARS R/AT BELLURU VILLAGE NAGAMANGALA TALUK MANDYA DISTRICT-571432. …PETITIONER (BY SRI. BRIJESH PATIL, ADVOCATE) AND: 1. KARNATAKA LOKAYUKTA, TUMKUR DIVISION, A.C.B., REPRESENTED BY ITS SPP, HIGH COURT OF KARNATAKA, BANGALORE-01. 2. R. NAGARAJAIAH S/O LATE RANGAPPA AGED ABOUT 48 YEARS RANGE FOREST OFFICER CHIKKANAYAKANAHALLI TURVEKERE, TUMKURU Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010454352026 NC: 2026:KHC:46575 CRL.P No. 9760 of 2026 R/O. MADUGONDANAHALLI URDIGERE HOBLI TUMKUR TALUK-572140. …RESPONDENTS (BY SRI. VENKATESH S. ARABATTI, ADVOCATE FOR R-1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 20.06.2026 PASSED BY THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMKUR THEREBY TAKING CROSS EXAMINATION OF PW-11 BY PETITIONER AS NIL AND FURTHER HOLDING THAT THE EVIDENCE IS COMPLETED IN SPL.C.NO.41/2021 PENDING ON THE FILE OF VII ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMKUR IN RESPECT OF THE OFFENCES PUNISHABLE UNDER SECTIONS 7(a), 7A AND 12 OF THE PREVENTION OF CORRUPTION (AMENDED) ACT, 2018, ETC. THIS PETITION, COMING ON FOR ADMISSION THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR CNR: KAHC010454352026 NC: 2026:KHC:46575 CRL.P No. 9760 of 2026 ORAL ORDER 1. Petitioner is accused no.2 in Spl.C.No.41/2021, which is pending on the file of VII Additional District and Sessions Judge, Tumakuru. On 20.06.2026, the following order was passed by the trial court: "Learned Spl.P.P. present. Accused No.1 and 2 present. Counsels for accused No.1 and 2 called out absent. Proxy Counsel Sri. Manu M.S. Advocate present and filed application U/Sec.309 of Cr.P.C. for accused No.1 and another application U/Sec.309 of Cr.P.C. for accused No.2. PW-11 present through V.C. Counsel for accused No.2 repeatedly called out absent, Proxy Counsel Sri. Manu M.S. for accused No.2 present and prays time. On perusal of the order sheet reveals that as per the order dated 12-06-2026, PW-11 is recalled on cost of Rs.5000/-, when enquired with proxy Counsel for accused No.2 submits the said cost is not deposited to DLSA, Tumakuru and also no reasons are assigned for adjournment, hence prayer is rejected and cross of PW-11 is taken as nil. - 4 - HC-KAR CNR: KAHC010454352026 NC: 2026:KHC:46575 CRL.P No. 9760 of 2026 Learned Spl.P.P submits the applications filed U/Sec.309 of Cr.P.C be rejected as the applications have become infructuous. Perused the applications filed by proxy Counsel for accused No.1 and 2 Sri. Manu M.S., wherein the Counsel for accused No.1 and 2 has submitted that the cross examination of PW-11 by accused No.2 has not yet been completed and evidence proceedings are still in progress, hence after competition of the entire evidence proceedings they be permitted to comply Sec.437(A) of Cr.P.C. Today PW-11 who is I.O. is present before the Court through V.C. but counsel for accused No.2 has remained absent and proxy counsel for accused No.2 prayed time as no reasons were assigned, hence prayer is rejected and cross of PW-11 by Counsel for accused No.2 is taken as nil, hence the entire proceedings of evidence is now completed, hence on cost of Rs.2000/- each the application is allowed and the said cost shall be deposited to DLSA, Tumakuru and case is posted for compliance of Sec.437(A) of Cr.P.C by accused No.1 and 2 finally and last chance. Call on 22-06-2026." 2. Call on 22-06-2026." 2. In the aforementioned order, wherein the request of the petitioner to cross examine PW.11 has been rejected, as the petitioner herein in spite of being granted sufficient opportunity - 5 - HC-KAR CNR: KAHC010454352026 NC: 2026:KHC:46575 CRL.P No. 9760 of 2026 has failed to cross examine PW.11. Aggrieved by the same, the present petition is filed. 3. The only request of the petitioner is that he may be permitted to cross examine PW.11 and one last opportunity may be granted to him in this regard. 4. As the petitioner herein failed to cross examine PW.11 in spite of being granted sufficient opportunity, the impugned order has been passed. Hence, I do not see any error in the same. However, to meet the ends of justice, I am of the opinion that the petitioner should be granted one last opportunity to cross examine PW.11. 5. Hence, the following: ORDER (i) The impugned order dated 20.06.2026 passed by VII Additional District and Sessions Judge, Tumakuru, insofar as it relates to refusing permission to the petitioner to cross examine PW.11 in Spl.C.No.41/2021, is hereby set aside; (ii) The trial court is directed to afford one last opportunity to the petitioner to cross examine PW.11, subject to the petitioner paying a cost of - 6 - HC-KAR CNR: KAHC010454352026 NC: 2026:KHC:46575 CRL.P No. 9760 of 2026 `.10,000/- to the Karnataka State Legal Services Authority, Bengaluru; (iii) The petitioner shall co-operate for expeditious disposal of the case before the trial court and shall not pray for any adjournment; (iv) The Criminal Petition stands disposed of accordingly. Pending I.As., if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE hkh. List No.: 2 Sl No.: 1