Prabhugouda S/O. Rajashekhar Patil v. the State of Karnataka
Case brief
What is this about?
Recall of an already-examined witness (PW-1) under Section 311 CrPC to confront him with the FSL report; further cross-examination permitted despite the recall application lacking clearly stated reasons, on the ground of fair opportunity of trial; grant made time-bound and subject to costs (Rs.5,000/- payable by accused to the witness); setting aside of the Special Court's rejection of the recall application. Karnataka High Court, Dharwad Bench; CRL.P No. 105017 of 2025; Spl.C.No.49/2017, Belagavi; offences under IPC SS.354, 420, 465, 468, 469, 471 and SC/ST (Prevention of Atrocities) Act S.3(1)(r)(a); parallel citation S.482 CrPC / S.528 BNSS. Useful for research on permitting additional cross-examination of a witness to put forensic material to him and on costs as a condition for recall.
What did the court decide?
Petition allowed; impugned order dated 20.11.2025 in Spl.C.No.49/2017 set aside and the Section 311 CrPC application (I.A.No.II) allowed; PW-1 to be kept present for further cross-examination limited to confronting him with the FSL report and consequential questions, subject to cost of Rs.5,000/- payable by the accused to PW-1; parties to appear before the Trial Court on the next date of hearing, PW-1's presence to be secured by the prosecution and further cross-examination to be conducted the same day upon payment of costs; copy of the order to be furnished to the Trial Court forthwith by fax and email.