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Judgments of Supreme Court of India and High Courts

S Prasannakumar vs State Of Karnataka on 4 December, 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4TH DAY OF DECEMBER 2018

BEFORE

THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR

CRIMINAL PETITION NO.7074 OF 2018

BETWEEN:

1 S. PRASANNAKUMAR
S/O. R. SIDDAIAH
AGED ABOUT 33 YEARS
R/AT: NO.50, S.L.N. ROAD,
J.C. BADAVANE
KANAKAPURA TOWN
KANAKAPURA TALUK
RAMANAGARA DISTRICT – 562 117

2 NAGAMMA @ NAGARATHNAMMA
W/O. SIDDAIAH
AGED ABOUT 50 YEARS
R/AT: NO.50, S.L.N. ROAD,
J.C. BADAVANE
KANAKAPURA TOWN
KANAKAPURA TALUK
RAMANAGARA DISTRICT – 562 117 … PETITIONERS

(By Sri. KEMPARAJU, ADVOCATE)

AND:

1 STATE OF KARNATAKA
BY UPPARPET POLICE STATION
REP. BY ITS PUBLIC PROSECUTOR
HIGH COURT COMPLEX
BENGALURU – 560 001
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2 M.S. RAJARAM
AGED ABOUT 54 YEARS
OWNER OF GOKUL DELUXE LODGE
NO.560, O.T.C. ROAD,
BALEPETE CIRCLE
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:-

ORDER

Heard Shri Kemparaju, learned advocate for the

petitioners and Shri S. Rachaiah, learned HCGP for the

State.

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.

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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

cross examined.

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.

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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

exemplary costs.

10. Learned advocate for the petitioners

undertakes to complete the cross-examination
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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

disposed of.

13. In view of disposal of the petition,

I.A.No.1/2018 does not survive for consideration and

is accordingly disposed of.

Sd/-

JUDGE

AN/-

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