- 1 - HC-KAR NC: 2026:KHC-D:1728 CRL.P No. 104231 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 05TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION No.104231 OF 2025 (482(Cr.PC)/528(BNSS)-) BETWEEN: 1. SHANKAR @ SHANKRAPPA @ SHANKARANNA S/O. CHANDAPPA NEERAVARI, AGE: 72 YEARS, OCC: RETIRED MANAGER, SYNDICATE BANK, R/O. ‘SRI RANGANATH’ H.NO.07, 3RD CROSS, TUNGABHADRA COLONY HALIYAL ROAD, SAPTAPUR, DHARWAD-580001. 2. SMT. RENUKA W/O. SHANKAR @ SHANKARAPPA @ SHANKARANNA NEERAVARI S/O CHANDAPPA NEERAVARI AGE: 65 YEARS, OCC: HOMEMAKER, R/O. ‘SRI RANGANATH’ H.NO.07, 3RD CROSS, TUNGABHADRA COLONY HALIYAL ROAD, SAPTAPUR DHARWAD-580001. 3. CHETANKUMAR S/O. SHANKAR @ SHANKARAPPA @ SHANKARANNA NEERAVARI, AGEL 43 YEARS, OCC: INTEGRATION LEAD IN IBM BENGALURU, R/O. 22, 6TH CROSS, GIDDAPPA BLOCK, BENGALURU-560032 PERMANENT ADDRESS ‘SRI RANGANATH’ H.NO.07, 3RD CROSS, CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.07 12:01:24 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1728 CRL.P No. 104231 of 2025 TUNGABHADRA COLONY HALIYAL ROAD, SAPTAPUR, DHARWAD-580001, 4. SMT. MAMATA W/O. CHETANKUMAR NEERAVARI AGE: 42 YEARS, OCC: WORKING IN CGI BENGALURU, R/O. #22, 6TH CROSS, GIDDAPPA BLOCK, BENGALURU-560032 PERMANENT ADDRESS ‘SRI RANGANATH’ H.NO.07, 3RD CROSS, TUNGABHADRA COLONY HALIYAL ROAD, SAPTAPUR DHARWAD-580001. 5. PRAVEENKUMAR S/O. SHANKAR @ SHANKARANNA NEERAVARI AGE: 37 YEARS, OCC: SERVICE DELIVERY MANAGER, R/O. ‘SRI RANGANATH’ H.NO.07, 3RD CROSS, TUNGABHADRA COLONY HALIYAL ROAD, SAPTAPUR DHARWAD-580001. …PETITIONERS (BY SRI. CHETAN LIMBIKAI, ADVOCATE FOR SRI. PRAKASH U. UDIKERI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY DHARWAD SUB URBAN POLICE STATION, DHARWAD. R/BY ITS ADDL.S.P.P. HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT. DHARWAD. - 3 - HC-KAR NC: 2026:KHC-D:1728 CRL.P No. 104231 of 2025 2. VIJAYALAKSHMI W/O. KIRANKUMAR NEERAVARI AGE: 38 YEARS, OCC: SOFTWARE ENGINEER, R/O.C/O. RUDRAPPA SHIRAHATTI H.NO.12, MAILARLINGA NAGAR, KALAGHATAGI ROAD, DHARWAD-580002. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SMT. A.K. SHIRALLI, ADVOCATE FOR SRI. K.M. SHIRALLI, ADVOCATE) ******** THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO QUASH THE IMPUGNED ORDER DATED 02/08/2025, PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC DHARWAD, IN C.C NO.4651/2022 VIDE ANNEXURE-A, REJECTING THE APPLICATION FILED BY THE PETITIONERS/ACCUSED NO. 1 TO 5 FILED U/SEC. 231(2) OF CR. P.C., PRAYING THE TRIAL COURT TO DEFER THE CROSS-EXAMINATION OF C.W-1/ P.W-1, TILL RECORDING THE EXAMINATION-IN-CHIEF OF C.W-4 TO C.W-6 AND IN ORDER TO RECORD CROSS EXAMINATION OF C.W-4 TO C.W-6 AT ONCE. THIS CRIMINAL PETITION COMING ON FOR ADMISSION , THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC-D:1728 CRL.P No. 104231 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Chethan Limbikai, advocate for Sri Prakash U.Udikeri, learned counsel for the petitioners, Smt. Kirtilata R.Patil, learned High Court Government Pleader and Smt.A.K. Shiralli, advocate for Sri K.M.Shiralli, learned counsel for respondent No.2. 2. Order under challenge is the rejection of the prayer of the accused to defer the cross-examination of CW-1 until other material witnesses are also examined-in-chief. 3. It is the right exercisable by the accused, as based on the answers elicited in the cross-examination to CW-1, possibility of tutoring CWs-4 to 6 may take place. 4. Therefore, rejecting the prayer of the accused has resulted in miscarriage of justice. - 5 - HC-KAR NC: 2026:KHC-D:1728 CRL.P No. 104231 of 2025 5. Accordingly, the following: ORDER (i) Petition allowed. (ii) Prayer of the accused to defer the cross- examination of CW-1 till the examination-in-chief of CWs-4 to 6 is allowed. (iii) However, it is made clear that after the examination-in-chief of CW-1, CWs4 to 6 if examined, the accused shall cross- examine all the witnesses on the same day, if not on the same day, the next day. Ordered accordingly. Sd/- (V.SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 69