Sri. Akash Shankarappa Padashetty S Vs State of Karnataka

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NC: 2025:KHC:6824 CRL.P No. 375 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 375 OF 2025 (482(Cr.PC) / 528(BNSS)

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BETWEEN:

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SRI. AKASH SHANKARAPPA PADASHETTY S., S/O. SHANKARAPPA PADASHETTY S., AGED ABOUT 20 YEARS, C/O. RAMESH BUILDING, NEAR VIDYA VAHINI SCHOOL, 19^TH WARD, VINAYAKA NAGAR, HEBBAGODI VILLAGE, ANEKAL TALUK, BENGALURU-560 099.

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PERMANENT ADDRESS KANNALLI VILLAGE, SINDANI TALUK, VIJAYAPURA 586128

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…PETITIONER

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(BY SRI. KULKARNI SHRINATH, ADVOCATE)

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AND:

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Digitally signed by LEELAVATHI S R Location: High Court of Karnataka

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STATE OF KARNATAKA BY HEBBAGODI POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING COMPLEX, BENGALURU-560 001.

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SMT. AMBIKA. K. H. W/O. UMASHANKAR, AGED ABOUT 36 YEARS, CHILD DEVELOPMENT PROTECTION OFFICER, KORATAGERE, TUMKURU DISTRICT-572 129.

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…RESPONDENTS

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(BY SRI. THEJESH P., HCGP FOR R1)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET-ASIDE THE ORDER DATED 23.12.2024 PASSED BY THE ADDL. DISTRICT AND SESSIONS JUDGE

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NC: 2025:KHC:6824 CRL.P No. 375 of 2025

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(FTSC-III) BENGALURU RURAL DISTRICT AT BENGALURU IN SPECIAL CASE NO.204/2021, VIDE ANNEXURE-F AND ETC.

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THIS PETITION, COMING ON FOR ORDERS , THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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This petition by the sole accused in Spl.C.No.204/2021 is directed against the impugned order dated 23.12.2024 passed by the trial court which rejected the application filed by the petitioner under Section 311 Cr.P.C. to recall the witnesses PWs 8 to 14, 18 and 24 to 27 and for cross-examination by the petitioner.

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Heard learned counsel for the petitioner and perused the material on record.

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A perusal of the material on record will indicate that in the aforesaid proceedings instituted by the 2^nd respondent against the petitioner for offences punishable under Section 376 of IPC and Section 6 of POCSO Act, the respondent-prosecution examined as many as 27 witnesses, but were not cross-examined by the petitioner. Subsequently, the petitioner filed the instant application under Section 311 Cr.P.C. seeking to recall PWs 8 to 14, 18 and 24 to 27 and for permission to cross-examine the said witnesses,

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3 - NC: 2025:KHC:6824 CRL.P No. 375 of 2025

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which was rejected by the trial court vide the impugned order which

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is assailed in the present petition.

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Learned counsel for the petitioner submits that if the impugned order is set aside and the petitioner is permitted to crossexamine the aforesaid witnesses by a date to be fixed by the trial court, the petitioner would do so without taking any adjournment under any circumstances whatsoever. The said submission is placed on record.

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In view of the aforesaid facts and circumstances and in order to provide one more opportunity to the petitioner to establish his defence by examining the aforesaid witnesses and by adopting a justice oriented approach, I deem it just and appropriate to set aside the impugned order and as a last chance, the petitioner is permitted to cross-examine the witnesses by imposing certain conditions.

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In the result, I pass the following:-

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ORDER

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(i) Petition is hereby allowed.

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(ii) The impugned order dated 23.12.2024 passed by the trial court in Spl.C.No.204/2021 is hereby set aside.

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NC: 2025:KHC:6824 CRL.P No. 375 of 2025

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(iii) The application filed under Section 311 Cr.P.C. is hereby allowed, subject to the condition that the petitioner shall crossexamine the aforesaid witnesses as and when they appear before the trial court and the petitioner is directed to cross-examine the witnesses without seeking any adjournment under any circumstances whatsoever.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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Srl.

Sri. Akash Shankarappa Padashetty S v. State of Karnataka

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Sri. Akash Shankarappa Padashetty S v. State of Karnataka

Case brief

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