IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF DECEMBER 2018
THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR
CRIMINAL PETITION NO.7074 OF 2018
1 S. PRASANNAKUMAR
S/O. R. SIDDAIAH
AGED ABOUT 33 YEARS
R/AT: NO.50, S.L.N. ROAD,
RAMANAGARA DISTRICT – 562 117
2 NAGAMMA @ NAGARATHNAMMA
AGED ABOUT 50 YEARS
R/AT: NO.50, S.L.N. ROAD,
RAMANAGARA DISTRICT – 562 117 … PETITIONERS
(By Sri. KEMPARAJU, ADVOCATE)
1 STATE OF KARNATAKA
BY UPPARPET POLICE STATION
REP. BY ITS PUBLIC PROSECUTOR
HIGH COURT COMPLEX
BENGALURU – 560 001
2 M.S. RAJARAM
AGED ABOUT 54 YEARS
OWNER OF GOKUL DELUXE LODGE
NO.560, O.T.C. ROAD,
BENGALURU – 560 053 … RESPONDENTS
(By Sri. S. RACHAIAH, HCGP FOR R-1;
R-2 SERVED BUT UNREPRESENTED)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET
ASIDE THE ORDER DATED 6.9.2018 IN S.C.NO.989/2008,
PENDING IN THE HON’BLE LXXI ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, BANGALORE FOR THE ALLEGED OFFENCE
P/U/S. 498[a], 304[b], 302 R/W. 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION,
THIS DAY, THE COURT MADE THE FOLLOWING:-
Heard Shri Kemparaju, learned advocate for the
petitioners and Shri S. Rachaiah, learned HCGP for the
2. The petitioners have called in question the
Order dated 6.9.2018 in S.C. No.989/2008 rejecting
their application filed under section 311 of Criminal
Procedure Code, to recall PWs No.1 to 4, 8 to 10 and
13 to 15.
3. Second petitioner is mother of the first
petitioner. Both of them are accused of offences
punishable under sections 498A, 304B and 302 read
with section 34 of IPC.
4. Learned advocate for the petitioners
submits that the first petitioner works as Class-IV
employee in Karnataka Secretariat. The first
petitioner, due to ill health, could not meet his
Advocate and therefore the said witnesses were not
5. Learned trial Judge has recorded that the
petitioners have filed the application nearly after
three years and accordingly dismissed the petition.
6. Sri. S. Rachaiah, learned HCGP appearing
for first respondent submits that PWs No.8 and 9 were
examined on 16.07.2016.
7. It is also submitted by the learned
advocate for the petitioners that the Investigating
Officer was examined finally on 24.07.2018.
Thereafter, the instant application has been filed.
8. The aforesaid offences alleged against the
petitioners are serious and on conviction are
punishable with death or life imprisonment.
9. A series of medical certificates from the
year 2011 show that first petitioner was suffering from
ill health. Keeping in view the gravity of offences and
the fact that the first petitioner was keeping
indifferent health, in my view, ends of justice would
be met if the petitioners are permitted to cross
examine the witnesses within a strict timeframe and
10. Learned advocate for the petitioners
undertakes to complete the cross-examination
between 26.12.2018 and 28.12.2018 subject to
payment of cost of Rs.3,000/- per witness.
11. In the circumstances, this petition is
allowed and petitioners are permitted to cross
examine PWs No.1 to 4, 8 to 10 and 13 to 15 on the
aforementioned dates or on such other day which
learned Sessions Judge may direct.
12. With the above directions, petition is
13. In view of disposal of the petition,
I.A.No.1/2018 does not survive for consideration and
is accordingly disposed of.