Smt Jayabai vs The State Of Karnataka
2026 Latest Caselaw 2565 Kant

Karnataka High Court

Smt Jayabai vs The State Of Karnataka on 24 March, 2026

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

                                                -1-
                                                          NC: 2026:KHC:16667
                                                      CRL.P No. 4540 of 2026


                   HC-KAR



                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 24TH DAY OF MARCH, 2026

                                             BEFORE
                          THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
                             CRIMINAL PETITION NO. 4540 OF 2026
                   BETWEEN:

                   1.    SMT. JAYABAI
                         W/O LAKSHMINAIK
                         AGED ABOUT 58 YEARS

                   2.    SRI. RAVINAIK K. L.,
                         C/O LAKSHMANA NAIK
                         AGED ABOUT 37 YEARS

                   3.    SRI SANTHOSH NAIK K. L.,
                         S/O LAKSHMANA NAIK
                         AGED ABOUT 34 YEARS

                   4.    SMT. NEELABAYI
Digitally signed         C/O LAKSHMA NAIK
by SANJEEVINI            AGED ABOUT 56 YEARS
J KARISHETTY
Location: High
Court of                 PETITIONER NOS. 1 TO 4 ARE
Karnataka                R/AT NO.67,
                         KELAGINANAYAKARANDAHALLI
                         ANTHARAHALLI POST
                         DOD BALLAPUR
                         BANGALORE RURAL DISTRICT
                         KARNATAKA - 561 203.

                   5.    SRI NANJUNDACHAR
                         S/O ASHWATHACHAR
                           -2-
                                       NC: 2026:KHC:16667
                                 CRL.P No. 4540 of 2026


HC-KAR



     R/AT NO.73 BACHAHALLI
     ANTHARAHALLI POST
     DODDABALLAPURA TALUK
     DOD BALLAPUR
     BANGALORE RURAL DISTRICT
     KARNATAKA - 561 203.

6.   SMT. SUMITHRA BAI
     W/O NATARAJA NAIK
     KELAGINANAYAKARANDAHALLI
     BENGALURU RURAL DISTRICT
     KARNATAKA - 561 203.

7.   PADMA BAI K. L.,
     W/O SRINIVASANAIK
     AGED ABOUT 37 YEARS
     THUBARGERE HOBLI
     VTC: KELAGINANAYAKARANDAHALLI
     PO: ANTHARACHALLI
     SUN DISTRICT: DODBALLAPUR DISTRICT
     BANGALORE RURAL KARNATAKA - 561 203.
                                            ...PETITIONERS
(BY MS. RAKSHITHA P.SINGH, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     BY DODDABALLAPURA RURAL POLICE STATION
     REPRESENTED BY
     STATE PUBLIC PROSECUTOR
     HIGH COURT BUILDING
     BENGALURU - 560 001.

2.   SMT. MUNI BAI
     W/O NARASIMHAIAH
                                 -3-
                                               NC: 2026:KHC:16667
                                          CRL.P No. 4540 of 2026


HC-KAR



    AGE: MAJOR
    R/AT NO.66, 5TH CROSS
    KIRLOSKAR FOUNDRY
    YASWANTHAPURA
    BENGALURU CITY
    KARNATAKA - 560 022.
                                                  ...RESPONDENTS
(BY SRI B.N.JAGADEESHA, ADDL. SPP FOR R1)

     THIS CRL.P IS FILED U/S 482 CR.P.C (FILED U/S 528
BNSS) PRAYING TO QUASH THE ORDER DATED 29.01.2026
PASSED IN SPL.C NO. 113/2014 BY THE II ADDITIONAL
DISTRICT AND SESSIONS JUDGE, BANGALORE RURAL
DISTRICT AT BANGALORE AND ALLOW THE PETITIONERS TO
CROSS EXAMINE OF PW.9 AND PW.18 AND TO DEPOSIT
WITNESS BATHA OF RS.5,000/- EACH AS PER ORDER DATED
03.01.2026 PASSED IN SPL.C NO. 113/2014 BY THE II
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BANGALORE
RURAL DISTRICT AT BANGALORE.

    THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA


                         ORAL ORDER

The petitioners are before this Court seeking the following

prayer:

"WHEREFORE, Petitioners humbly prays that this Hon'ble Court may be pleased to quash the order dated 29.01.2026 passed in SPL.C No.113/2014 by the II Additional District and Sessions Judge, Bangalore Rural District at Bangalore and allow the petitioners to cross examine of PW.9 and PW.18 and to deposit witness batha of Rs.5,000/- each as per order dated 03.01.2026 passed in SPL.C No.113/2014 by the II Additional District and Sessions Judge, Bangalore Rural District at Bangalore, in the ends of Law and justice."

NC: 2026:KHC:16667

HC-KAR

2. Heard Ms. Rakshitha P. Singh, learned counsel for

petitioners and Sri B.N.Jagadeesha, learned Additional State

Public Prosecutor for respondent No.1.

3. Facts, in brief, germane are as follows:

The petitioners are accused Nos.1 to 4 and 6 to 8, who

are facing proceedings in Spl.C.No.113/2014. The issue in the

lis is not with regard to the merit of the matter. An application

is filed by the petitioners under Section 348 of the BNSS or

Section 311 of the Cr.P.C., the earlier regime, in Special Case

No.113/2014 seeking permission to recall prosecution

witnesses - PWs.9 and 18. The application comes to be

allowed by the concerned Court, with a condition that an

amount of ₹5,000/- for each of the witnesses as witness bhatta

should be deposited before the concerned Court on or before

07.01.2026. Due to inadvertent gap in communication, it

transpires that the amount of ₹10,000/- is not deposited by the

petitioners and therefore, the opportunity of further cross-

examination is now at jeopardy.

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HC-KAR

4. Learned counsel for the petitioners submits that the

petitioners would immediately deposit the amount as was

directed by the concerned Court, if this Court would permit to

do so and the concerned Court be directed to permit the

petitioners to recall prosecution witnesses - PWs.9 and 18 for

further cross-examination.

5. In that light, I deem it appropriate to permit the

petitioners to deposit the amount of ₹10,000/- in the next 3

days and the concerned Court to fix the date for further cross-

examination of PW.9 and PW.18 in terms of the order dated

03.01.2026, whereby, the concerned Court has directed to

deposit amount, while allowing the application under Section

348 of the BNSS.

6. For the aforesaid reasons, the following:

ORDER

a. The criminal petition is allowed.

b. The impugned order dated 29.01.2026, passed by the II Additional District and Sessions Judge, Bengaluru, stands quashed.

NC: 2026:KHC:16667

HC-KAR

c. The order dated 03.01.2026, passed by the II Additional District and Sessions Judge, Bengaluru, stands recalled and modified, by permitting the petitioners to deposit the amount of ₹5,000/- to each of the prosecution witnesses - PWs.9 and 18, as witness bhatta within 27.03.2026.

d. The concerned Court shall permit the petitioners for further cross-examination of PW9 and PW18 on the date fixed by it, subject to the deposit of ₹10,000/- as was indicated in the order dated 03.01.2026.

Ordered accordingly.

Sd/-

(M.NAGAPRASANNA) JUDGE

NVJ List No.: 2 Sl No.: 29