- 1 - HC-KAR NC: 2026:KHC:12896 CRL.P No. 2265 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 2265 OF 2026 BETWEEN: MR. JAGADISH NAIK @ JAGGU S/O SRI. KAMALA NAIK, AGED ABOUT 24 YEARS, R/O KASHIPURA GATE, HUCHARAYA COLONY, SHIVAMOGGA TOWN, SHIVAMOGGA - 577 223. …PETITIONER (BY SRI. H MUNISWAMY GOWDA., ADVOCATE) AND: 1. STATE BY R/P BY ITS S.P.P HIGH COURT BUILDING, BANGALORE - 560 001 2. XXXXXXXX D/O THIMMA NAIK, AGED ABOUT 16 YEARS, R/O KASHIPURA GATE, HUCHARAYA COLONY, SHIVAMOGGA TOWN, SHIVAMOGGA - 577 223 …RESPONDENTS (BY SRI.B.N.JAGADEESHA, ADDL.SPP FOR R-1) THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C PRAYING TO SET ASIDE THE ORDER PASSED BY THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC I (POCSO) SHIVAMOGGA IN SPL.C.NO.339/2024 DATED 07.01.2026 BY ALLOWING THE APPLICATION U/S.311 OF CRPC FILED BY THE PETITIONER. Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12896 CRL.P No. 2265 of 2026 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 the Court calling in question an order of rejection of an application filed under Section 311 of Cr.P.C. seeking recall of the witnesses for further cross examination. The witnesses are PW1 and PW2. 2. The learned counsel for the petitioner submits that he is not wanting to press the petition insofar as PW1 - the victim is concerned, but only the mother of the victim - PW2 is necessary for further cross examination. The application reads as follows: extract page 51 APPLICATION FILED UNDER SECTION 311 OF Cr.P.C ON BEHALF OF ACCUSED IS AS FOLLOWS:- The complainant has filed the charge sheet against the accused alleging that he has committed the offence under section 376(2)(n) 2(m), (f) of IPC and section 6 of POCSO ACT. The case is posted for recording in the statement of the accused under 313 of Cr.PC. It is submitted that on behalf of the prosecution pw- 1 to 12 are examined and out of all the prosecution witnesses pw- 1 and 2 are not fully and not properly cross examined earlier and hence to meet the ends of justice and equity it is very essential - 3 - HC-KAR NC: 2026:KHC:12896 CRL.P No. 2265 of 2026 for just decision and arrive at truth, the above said witnesses may be re-called. Further it is submitted that cross examination of above said witnesses is necessary to ensure the case is fairly and correctly. Further non cross examination of the above said witnesses is bonafide mistake and not intentional one. Further it is submitted that the powers under section 311 of Cr.pc to the court is unlimited and at any stage if it is essential for just decision. Therefore, it is most prayed that this Hon’ble court may be pleased to allow the application and to permit the accused to further cross examine the Pw 1 and 2 by allowing this application in the ends of justice and equity. There is nothing in the application for what reason that the petitioner wants to cross examine the mother of the victim. The petitioner is at liberty to file a better affidavit narrating the details of what he wants to further cross examine PW2 as the law requires that atleast the skeletal details must be made known in the application as to why further cross examination should be permitted. Reserving such liberty, the petition stands disposed of. In the event, such an application with the skeletal details is placed before the concerned court, the concerned - 4 - HC-KAR NC: 2026:KHC:12896 CRL.P No. 2265 of 2026 Court shall answer the application in accordance with law without brooking any further delay. Sd/- (M.NAGAPRASANNA) JUDGE List No.: 2 Sl No.: 10