Karnataka High Court
CRL.P/105017/2025 of PRABHUGOUDA S/O. RAJASHEKHAR PATIL Vs THE STATE OF KARNATAKA on 19 February 2026
NC: 2026:KHC-D:2655 CRL.P No. 105017 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 19TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 105017 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: PRABHUGOUDA S/O. RAJASHEKHAR PATIL AGE. 43 YEARS,
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 19TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO. 105017 OF 2025
(482(CR.PC)/528(BNSS))
BETWEEN:
PRABHUGOUDA S/O. RAJASHEKHAR PATIL
AGE. 43 YEARS, OCC. BUSINESS,
R/O. 43/18, TANAJI GALLI,
BELAGAVI, TAL. AND DIST. BELAGAVI-590001.
…PETITIONER
(BY SRI. SHEKHARGOUDA NAGANURI, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
APMC YARD POLICE STATION, BELAGAVI,
BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH-580002.
2.
BHARATI D/O. VASANT WALLEPURKAR
AGE. 44 YEARS, OCC. SERVICE,
R/O. H. NO.534, MARUTI GALLI,
KHASBAG, BELAGAVI,
TAL. AND DIST. BELAGAVI-590001
…RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; NOTICE SERVED TO R2)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF
BNSS), SEEKING TO SETTING ASIDE THE ORDER DATED 20.11.2025
ON I.A.NO.II FILED U/SEC.311 OF CR.P.C. PASSED BY THE III ADDL.
SESSIONS, SPECIAL JUDGE BELAGAVI IN SPL.C.NO.49/2017 WHEREIN
THE CASE IS REGISTERED FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 354, 420, 465, 468, 469, 471 OF INDIAN PENAL CODE AND
SECTION 3(1)(r) (a) OF SC/ST PREVENTION OF ATROCITIES ACT AND
ALLOW I.A. NO.II FILED BY THE PETITIONER U/SEC.311 OF CR.P.C.
DATED 10.11.2025 IN SPL.C.NO.49/2017 THEREBY PERMITTING THE
PETITIONER TO FURTHER CROSS EXAMINE THE P.W.1.
HC-KAR
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)
1. Heard Sri.Shekhargouda M. Naganuri, learned counsel for the petitioner and Smt.Kirtilata R. Patil, learned High Court Government Pleader, appearing for respondent No.1-State.
2. The petitioner, who is the accused in Special Case No.49/2017, had filed an application under Section 311 of the Code of Criminal Procedure, which came to be rejected by the Special Court.
3. The reason assigned for recalling PW-1 is that, after the examination of the officer from the Forensic Science Laboratory(FSL), certain questions are required to be put to PW-1 by confronting him with the FSL report. Though such specific reasons are not clearly forthcoming in the application filed to recall PW-1 before trial Court, in order to afford the petitioner a fair opportunity of trial, the application ought to have been allowed by the Trial Judge on appropriate terms.
HC-KAR
4. Be that as it may, since the petitioner is only seeking permission to confront PW-1 with the FSL report and to further cross-examine him to that limited extent, an opportunity deserves to be granted in a time-bound manner and subject to costs.
5. Accordingly, the following order is passed:
ORDER
(i) The petition is allowed.
(ii) Consequently, impugned order in Special Case No.49/2017 is set aside. As a further consequence, the application filed under Section 311 of Cr.P.C. in Special Case No.49/2017 stands allowed.
(iii) PW-1 is directed to be kept present for further cross-examination to the limited extent to confronting him with the FSL report and consequential questions arising thereon, subject to payment of cost of ₹5,000/- by the accused, payable to PW-1.
HC-KAR
(iv) The parties shall appear before the Trial Court on the next date of hearing. The presence of PW-1 shall be secured by the prosecution and on the same day, PW-1 shall be further cross- examined upon payment of costs. Ordered accordingly.
A copy of this order shall be furnished to the Trial Court forthwith by fax and email.
Sd/- (V.SRISHANANDA) JUDGE
RHR/-CT-CMU LIST NO.: 1 SL NO.: 77