Karnataka High Court
Sadappa vs State Of Karnataka By on 20 October, 2022
Author: K.Natarajan
Bench: K.Natarajan
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION NO.9512 OF 2022
BETWEEN
SADAPPA
S/O LATE DODDAMUNIYAPPA
AGED ABOUT 62 YEARS
OCC: AGRICULTURIST
LINGAPUR VILLAGE
JIGANI HOBLI
TALUKA-ANEKAL
BENGALURU RURAL-560 105.
... PETITIONER
(BY SRI BIKKANNAVAR SHANKAR TAMMANNA, ADVOCATE)
AND
STATE OF KARNATAKA BY
POLICE SUB INSPECTOR
JIGANI POLICE STATION
ANEKAL TALUK
REPRESENTED BY LEARNED
HIGH COURT GOVT. PLEADER
BENGALURU - 560 106.
... RESPONDENT
(BY SRI B.J. ROHITH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO SET
ASIDE THE ORDER OF TAKING NO CROSS EXAMINATION FOR
2
PW 3 AND 4 WITH A DIRECTION TO PERMIT THE DEFENSE TO
CROSS EXAMINE OF P.W. 1,3,4 AFTER CW 7 IS CHIEF
EXAMINED BY PROSECUTION THEREBY GIVING EFFECT TO ITS
OWN ORDER DATED 10.08.2022 PASSED IN S.C.5024/2019 BY
3RD ADDITIONAL DISTRICT AND SESSIONS JUDGE, ANEKAL.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner-accused No.1 under Section 482 of Cr.P.C. for pass an order directing the III Additional District and Sessions Judge, Anekal, Bengaluru Rural to allow the defence to cross examine PW Nos.1, 3 and 4 and CW7 only after they are examiend in chief by Prosecution in view of the vide order dated 10.08.2022 passed in S.C.No.5024/2019.
2. Heard the learned counsel for the petitioner and learned special counsel for the respondent.
3. The case of the petitioner is that, the accused is facing trial in SC.No.5024/2019 and trial was taken against the petitioner. After examination chief of PW No.1 the 3 petitioner moved an application under section 231(2) of Cr.P.C for deferring the cross examination of PW1 until examination-in-chief of CW Nos.3, 4, and 7 and the same was allowed by the Sessions Judge on 10.08.2022 and the cross examination of PW1 was deferred until examination of CW Nos.3, 4 and 7. It is alleged that subsequently the prosecution examined the CW Nos.3 and 4 as PW Nos.3 and 4 and then CW.7 was not present and the counsel for the accused prayed for deferring cross examination until cross examination of CW.7 but trial court taken as cross examination of CW Nos.3 and 4 as Nil and issued summons to CW.7. Hence the learned counsel prayed to direct trial court to examine CW.7, thereafter allow the petitioner to cross examination of PW Nos.1, 3, 4 and CW
7.
2. Having heard the arguments and perusal of the order passed by the trial court as the trial judge already accepted application filed by the accused and allowed the 4 prayer by deferring the cross examination of PW1 until examination of CW Nos.3, 4 and 7. But the prosecution examined the examination chief of PW Nos.3 and 4 but CW.7 was not present and posted on 3.11.2022 for examination of CW.7 who was not present on the earlier date of hearing.
3. Therefore, considering the facts and circumstances once the Sessions Judge allowed the counsel to cross examine PW Nos.3, 4 and CW.7 and deferring cross examination of PW1, rejecting the prayer of the accused for cross examination of PW Nos.3 and 4 is not correct. Therefore, it is necessary for this court to direct the trial court to allow the petitioner to cross examine PW Nos.3 and 4 after examination chief of the CW 7.
4. Accordingly petition is allowed.
Therefore, The trial court is directed to allow the petition to cross examine PW Nos.3 and 4 after 5 examination-in-chief of CW.7. The petitioner shall not seek any unnecessary adjournments in the trial court for the purpose of cross examination of any of the witnesses PW Nos.3, 4 and CW 7.
In view of disposal of this petition, I.A.No.1/2022 does not survive for consideration.
Sd/-
JUDGE AKV