Karnataka High Court
Sri Ninge Gowda vs State Of Karnataka on 6 February, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2025:KHC:5496
CRL.P No. 1428 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO. 1428 OF 2025 (482(Cr.PC) / 528(BNSS)
BETWEEN:
SRI NINGE GOWDA
S/O. KARIYAPPA @ KUNDAKARIYAPPA
AGED MAJOR, 54 YEARS
R/AT DEVARAMALLANAYAKANAHALLI VILLAGE
DEVALAPURA HOBLI,
NAGAMANAGALA TALUK,
MANDYA DISTRICT-571 432.
...PETITIONER
(BY SRI. HARIPRASAD M B.,ADVOCATE)
AND:
STATE OF KARNATAKA
BY NAGAMANGALA RURAL POLICE STATION,
REPRESENTED BY
Digitally signed STATE PUBLIC PROSECUTOR,
by HIGH COURT BUILDINGS,
LEELAVATHI S
R BENGALURU - 560 001.
Location: High ...RESPONDENT
Court of (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R-1)
Karnataka
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS)
PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED
18.01.2025, PASSED IN SPL.C.NO.233 OF 2016, ON THE FILE OF
THE LEARNED V ADDITIONAL DISTRICT AND SESSIONS JUDGE,
MANDYA, IN REJECTING THE APPLICATION FILED BY THE
PETITIONER, U/S. 311 OF CR.P.C.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
-2-
NC: 2025:KHC:5496
CRL.P No. 1428 of 2025
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
This petition by the sole accused in Spl.Case No.233/2016 is
directed against the impugned order dated 18.01.2025 passed by
the V Additional District and Sessions Judge, Mandya (for short
"the Trial Court"), whereby the application filed by the petitioner-
accused under Section 311 Cr.P.C. to recall PW.3 for further cross-
examination was rejected by the Trial Court.
2. Heard learned counsel for the petitioner and learned
Additional State Public Prosecutor for the respondent and perused
the material on record.
3. A perusal of the material on record will indicate that the
respondent having instituted the aforesaid proceedings against the
petitioner-sole accused for the offences punishable under Sections
506, 376, 450 of IPC and under Sections 4(1)(w)(i) of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Amendment Act, 2016, the respondent examined various
witnesses as PWs.1 to 14 including the victim as PW.3 and was
cross-examined by the petitioner. After completion of evidence as
well as arguments, when the matter was reserved for judgment, the
NC: 2025:KHC:5496
petitioner filed the instant application seeking recalling of PW.3 for
further cross-examination. The said application having been
opposed by the respondent-prosecution, the Trial Court came to
the conclusion that the petitioner was unnecessarily protracting the
proceedings and was not exercising due diligence and hence, the
Trial Court rejected the application by passing the impugned order,
which is assailed in the present petition.
4. Learned counsel for the petitioner submits that the
matter is posted for pronouncement of judgment on 11.02.2025
and if one more opportunity is provided to the petitioner to cross-
examine PW.3 on that day i.e., on 11.02.2025 or on any other date
to be fixed by the Trial Court, the petitioner would complete the
cross-examination of PW.3 without seeking any adjournment under
any circumstances, whatsoever.
5. The said submission is placed on record.
6. In the light of the specific undertaking given on behalf
of the petitioner that the petitioner would cross-examine PW.3 on
the next date of hearing or on any other date to be fixed by the Trial
Court without seeking any adjournment whatsoever, by adopting a
justice oriented approach, I deem it just and proper to give one
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more opportunity to the petitioner by recalling PW.3 for further
cross-examination by imposing certain conditions and by setting
aside the impugned order.
7. In the result, I pass the following:
ORDER
(i) The petition is allowed.
(ii) The impugned order dated 18.01.2025 passed in
Spl.C.No.233/2016 by the V Additional District and
Sessions Judge, Mandya, is hereby set aside.
(iii) Consequently, the application filed by the accused under
Section 311 Cr.P.C. is hereby allowed, subject to the
condition that the petitioner completes the cross-
examination of PW.3 on 11.02.2025 or on any other date
to be fixed by the Trial Court without seeking any
adjournment, under any circumstances, whatsoever.
(iv) It is made clear that in the event PW.3 is kept present on
11.02.2025 and the petitioner does not cross-examine
PW.3 on that day, the present order shall automatically
stand recalled and the Trial Court shall pronounce
judgment.
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(v) It is further directed that further cross-examination of PW-
3 by the petitioner-accused on 11.02.2025 shall not
involve repetition of any question already asked nor shall
the petitioner be entitled to fill up the lacunae in the
evidence already on record.
(vi) Apart from further cross-examination of PW.3, the
petitioner shall not be entitled to recall any other
witnesses nor shall he be entitled to adduce any other
evidence.
(vii) It is also further directed that immediately after completion
of further cross-examination of PW.1, learned counsel for
the petitioner-accused shall submit arguments also and
the Trial Court shall proceed to pronounce judgment on
merits.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
BMC
