Karnataka High Court
Sri Suresh vs The State Of Karnataka on 17 November, 2025
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2025:KHC:47068
CRL.P No. 11341 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 11341 OF 2025
BETWEEN:
SRI. SURESH
S/O SRI. GANGADHARAPPA,
AGED ABOUT 47 YEARS,
OCCUPATION: D GROUP EMPLOYEE,
KUPPALU MORARJI RESIDENTIAL SCHOOL,
R/AT: ANCHECHOMANAHALLI VILLAGE,
KADUR TALUK, CHIKKAMAGALURU-577 548.
...PETITIONER
(BY SRI. PRAVEENA KUMARA NIRVANI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY KADUR POLICE,
Digitally
signed by CHIKKAMAGALURU,
LAKSHMI T
REP BY SPP,
Location:
High Court HIGH COURT BUILDING,
of Karnataka
BANGALORE-560 001.
...RESPONDENT
(BY SRI. ANOOP KUMAR M.V., HCGP)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528
BNSS) PRAYING TO: (I) CALL FOR RECORDS SPL.C.(P)
NO.01/2024 PENDING BEFORE THE ADDITIONAL DISTRICT
AND SESSIONS JUDGE, FTSC-I, AT CHIKKAMAGALURU; (II)
SET ASIDE THE IMPUGNED ORDER DATED 25.07.2025 PASSED
BY THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-I,
AT CHIKKAMAGALURU IN SPL.C.(P) NO.1/2024 ON
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NC: 2025:KHC:47068
CRL.P No. 11341 of 2025
HC-KAR
APPLICATION WHICH FILED UNDER PROVISION OF SECTIONS
311 OF CR.P.C. CONSEQUENTLY PERMIT THE PETITIONER TO
CONDUCT THE FURTHER CROSS EXAMINATION OF PW.1 TO 3,
4, 6 AND 8.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Petitioner is aggrieved by the order dated 25.07.2025 passed by the Court of Additional District and Sessions Judge FTSC-I, at Chikkamagaluru, in Spl.C.(P).No.1/2024 dismissing the application filed under Section 311 of Cr.P.C.
2. Petitioner is the accused, facing trial for the offence punishable under Section 363, 366(A), 328, 376(3), 370(A)(1), 370(4), 370(5), 370(6), 370(7), 342, 506, 120-B, 114 read with Section 34 of IPC, Section 4, 6 and 17 of the POCSO Act, 2012 and Section 3(1)(w)(i)(ii), 3(2)(v), 3(2)(va) of the SC & ST (POA) Amendment Act, 2015.
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NC: 2025:KHC:47068 CRL.P No. 11341 of 2025 HC-KAR
3. He filed an application under Section 311 of Cr.P.C. for further cross examination of PWs.1 to 4, 6 and 8, on the ground that the previous counsel on record has not put some important questions during cross examination, which are necessary questions and therefore, cross-examination of witnesses are essential.
4. The learned counsel for petitioner has contended that the petitioner is facing serious charges and the learned counsel who appeared for him before the trial Court, while cross examining PW.2 has only adopted the cross examination conducted in respect of other accused and in so far as PWs.3 and 4, he has not properly cross examined them. He further contended that petitioner has not at all cross-examined PWs.6 and 8 and therefore, if the application for further cross-examination is not allowed, petitioner will be put to great prejudice and on the other hand, no prejudice or hardship will be caused to the prosecution.
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NC: 2025:KHC:47068 CRL.P No. 11341 of 2025 HC-KAR
5. Learned High Court Government Pleader has opposed the prayer on the ground that, the learned Sessions Judge while dismissing the application has taken into consideration the entire facts and circumstances of the case and the fact that the victims shall not be repeatedly called for cross-examination, as it would defeat the object of Section 33(5) of the POCSO Act.
6. The learned counsel for petitioner submits that insofar as PW.1 is concerned, he is not pressing the prayer, since the witness has been cross-examined by the defense / accused No.2. The said submission is placed on record.
7. Insofar as P.W.2, one of the victims, is concerned, it is seen that the cross-examination conducted on behalf of other accused was adopted by the learned counsel appearing for the petitioner / accused No.2. Insofar as PWs.6 and 8 are concerned, as could be seen from their depositions, made available, they are not cross-examined by the petitioner. However, insofar as -5- NC: 2025:KHC:47068 CRL.P No. 11341 of 2025 HC-KAR PWs.3 and 4 are concerned, said witnesses have been cross-examined by the petitioner. The grounds now urged by the learned counsel to further cross-examine PWs.3 and 4, cannot be accepted, since after cross-examination of the said witnesses on 15.03.2024 and 05.04.2024, no request was made soon thereafter, for further cross-examination. The further chief examination was also taken as nil.
8. Considering that there is no cross-examination conducted in respect of PWs.2, 6 and 8, the application filed under Section 311 of Cr.P.C. can be allowed in part, restricting the prayer of the petitioner to cross-examine the said witnesses, however, imposing cost. Hence, the following:-
ORDER
i) Petition is allowed in part.
ii) Order dated 25.07.2025, insofar as dismissing the application filed by the petitioner / accused No.2, -6- NC: 2025:KHC:47068 CRL.P No. 11341 of 2025 HC-KAR under Section 311 of Cr.P.C., for cross-examination of PWs.2, 6 and 8 is set aside.
iii) The learned Special Judge is directed to permit the petitioner / accused No.2 to cross-examine PWs.2, 6 and 8 by fixing a date, making it clear that no further time shall be granted.
iv) Petitioner shall pay a cost of Rs.3,000/- each, to the above witnesses on the date of their cross-examination.
I.A.No.2/2025 is disposed of.
Sd/-
(MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 25