- 1 - HC-KAR NC: 2026:KHC:22064 CRL.P No. 4186 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 4186 OF 2026 BETWEEN: 1. VENKATESHA S/O GOVINDAPPA, AGED ABOUT 48 YEARS, R/O HULLEHALLI VILLAGE, BIRUR HOBLI, KADUR TALUK, CHIKMAGALURU-57116 …PETITIONER (BY SRI. MOIDEEN ARAFAT, ADVOCATE) AND: 1. STATE OF KARNATAKA BIRUR POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE-560001 2. XXX XXX …RESPONDENTS (BY SMT. SOWMYA R., HCGP FOR R1) Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:22064 CRL.P No. 4186 of 2026 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE IMPUGNED ORDER DATED 24.02.2026 IN SPL.CASE (POCSO) 51/2025 ON THE FILE OF THE ADDL.DISTRICT AND SESSIONS COURT, FTSC-I AT CHIKMAGALURU FOR THE OFFENCE P/U/S 8, 18 OF POCSO ACT 2012 AND SEC.74, 78(2), 127(2), 75(2) OF THE BNS 2023 AND CONSEQUENTLY ALLOW THE APPLICATION FILED BY THE PETITIONER UNDER SEC.348 OF BNSS. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: 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 17.02.2026 rejecting the application filed by the petitioner under Section 348 of the BNSS/ which is Section 311 of the earlier regime - the Cr.P.C. 2. Heard Sri. Moideen Arafat, learned counsel appearing for the petitioner, Smt. Sowmya R., learned HCGP appearing for respondent No.1 and have perused the material on record. - 3 - HC-KAR NC: 2026:KHC:22064 CRL.P No. 4186 of 2026 3. The petitioner is the accused. The second respondent is the complainant. The petitioner gets embroiled in a crime for several offences punishable under the Protection of Children from Sexual Offences Act, 2012 ('the POCSO Act' for short) and the BNS. The matter is pending consideration at the hands of the concerned Court in Special Case (POCSO) No.51 of 2025. The issue in the lis is not with regard to the merit of the matter. The petitioner files an application invoking Section 348 of the BNSS, which is Section 311 of the Cr.P.C, the earlier regime, seeking to recall PW-1 and PW-2 for further cross- examination. The concerned Court rejects the application on the score that the child-victim must not be called repeatedly for the purpose of further cross-examination. The petitioner is therefore before the Court, calling in question the said order. 4. The victim is 8 years old. The allegation is not the one that is obtaining under Sections 4 and 6 of the POCSO Act, but on Sections 8 and 12 of the POCSO Act. However, the victim cannot be repeatedly called for further cross- examination in the light of the bar under Section 33(5) of the POCSO Act itself. Insofar as the other witness is concerned i.e. - 4 - HC-KAR NC: 2026:KHC:22064 CRL.P No. 4186 of 2026 the father - PW-1, there is no legal impediment for permitting further cross-examination of the said witness. In that light, the petition ought to have been considered at least in-part. 5. For the aforesaid reasons, the following: ORDER (i) The petition is allowed in-part. (ii) The further cross-examination insofar as the victim is concerned, stands rejected. (iii) The further cross-examination of PW-1, the father of the victim is permitted. (iv) The concerned Court shall regulate its procedure with regard to the date of cross-examination and see to that it would not become a ruse to drag the proceedings. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 30