Karnataka High Court

CRL.P/14361/2024 of NAGENDRA @ NAMA Vs STATE OF KARNATAKA on 31 December 2024

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2024:KHC:53307 CRL.P No. 14361 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 14361 OF 2024 BETWEEN: NAGENDRA @ NAMA, S/O MAHADEVA, AGED ABOUT 24 YEARS, R/AT NO. 56, 4TH

Digitally signed byR HEMALATHALocation: HIGHCOURT OFKARNATAKA

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31[ST] DAY OF DECEMBER, 2024

BEFORE

THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 14361 OF 2024

BETWEEN:

NAGENDRA @ NAMA, S/O MAHADEVA, AGED ABOUT 24 YEARS, R/AT NO. 56, 4TH CROSS, KALIDASA LAYOUT, SRINAGARA, BANGALORE - 560 019.

…PETITIONER

(BY SRI. LAKSHMIKANTH K, ADVOCATE)

AND:

STATE OF KARNATAKA BY KENGERI POLICE STATION BANGALORE, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 01.

…RESPONDENT

(BY SMT. WAHEEDA M.M, HCGP)

THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 09.12.2024 IN S.C.NO.865/2017 (C.C.NO16327/2017) ON THE APPLICATION FILED BY THE PETITIONER U/S 311 OF CR.P.C. AND ORDER TO ALLOW THE APPLICATION U/S 311 OF CR.P.C. AND PERMIT THE PETITIONER TO CROSS EXAMINATION OF PW.5 IN S.C.NO.865/2017 (C.C.NO.16327/2017) ON THE FILE OF CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH-64).

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

NC: 2024:KHC:53307

CRL.P No. 14361 of 2024

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ORAL ORDER

The petitioner challenges the order passed by the trial Court by which the application filed under Section 311 of Cr.P.C., to re-call P.Ws.2 to 5 and 14 for cross-examination came to be rejected.

2. The petitioner facing trial for the offences punishable under Sections 307, 353, 332 of IPC. The petitioner seeks re-call of the said witnesses citing that, the advocate representing him was suffering from ill-health and therefore, the said witnesses were not examined.

3. The right to recall a witness is not merely a procedural formality but a substantive right that safeguards the accused against potential miscarriage of justice. The petitioner-accused is entitled to a fair trial as guaranteed under Article 21 of Constitution of India. Furthermore, no prejudice shall be caused to the respondent, if the petitioner is permitted to cross-examine the said witnesses.

Accordingly, I pass the following:

ORDER

i. The Criminal Petition is allowed.

ii. The order dated 09.12.2024 passed by the City Civil and Sessions Judge, at Bengaluru (CCH-64) in S.C.No.865/2017 on the application filed under Section 311 of Cr.P.C., is hereby quashed and the application is allowed and consequently the petitioner is permitted to cross-examine P.Ws.2 to 5 and 14, on the date on which they are summoned.

In the event, if the petitioner fails to cross-examine the said witnesses, the trial Court to proceed in accordance with law.

Sd/- (HEMANT CHANDANGOUDAR) JUDGE

GPG List No.: 1 Sl No.: 20 CT: BHK

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