Smt Jayabai Vs the State of Karnataka — Karnataka HC (2026) — LawSathi Research

Smt Jayabai Vs the State of Karnataka — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Order dated 29.01.2026 quashed; order dated 03.01.2026 recalled and modified permitting deposit of ₹5,000/- per witness (PWs.9 and 18) as witness bhatta within 27.03.2026; further cross-examination of PW9 and PW18 to be permitted subject to deposit of ₹10,000/-.

Issue for consideration

Whether the order dated 29.01.2026 passed in Spl.C No.113/2014 by the II Additional District and Sessions Judge should be quashed. +1 more

Court's answer

The impugned order dated 29.01.2026 passed by the II Additional District and Sessions Judge, Bengaluru, stands quashed.

Ratio / Principle

The Court deemed it appropriate to permit the petitioners to deposit ₹10,000/- in the next 3 days and directed the concerned Court to fix the date for further cross-examination of PW.9 and PW.18 in terms of the order dated 03.01.2026.

Key takeaways

The criminal petition is allowed.ratio¶¶50
The order dated 03.01.2026 stands recalled and modified, permitting the petitioners to deposit ₹5,000/- to each of the prosecution witnesses PWs.9 and 18 as witness bhatta within 27.03.2026.ratio¶¶55
The concerned Court shall permit further cross-examination of PW9 and PW18 on the date fixed by it, subject to deposit of ₹10,000/- as indicated in the order dated 03.01.2026.ratio

Detailed headnote1 paragraphs

Criminal petition under S.482 Cr.P.C. / S.528 BNSS against order dated 29.01.2026 in Spl.C.No.113/2014 (II Addl. District & Sessions Judge, Bangalore Rural). Recall of prosecution witnesses PWs.9 and 18 had been allowed on 03.01.2026 under Section 348 BNSS / Section 311 Cr.P.C., conditional on deposit of ₹5,000/- per witness as witness bhatta on or before 07.01.2026; the petitioners failed to deposit the aggregate ₹10,000/- due to an inadvertent gap in communication, jeopardising further cross-examination. The High Court allowed the petition, quashed the order dated 29.01.2026, recalled and modified the order dated 03.01.2026 by permitting deposit of ₹5,000/- to each of PWs.9 and 18 within 27.03.2026, and directed that the trial court permit further cross-examination of PW9 and PW18 on the fixed date subject to the ₹10,000/- deposit.

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NC: 2026:KHC:16667 CRL.P No. 4540 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF MARCH, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 4540 OF 2026

BETWEEN:

SMT. JAYABAI W/O LAKSHMINAIK AGED ABOUT 58 YEARS

SRI. RAVINAIK K. L., C/O LAKSHMANA NAIK AGED ABOUT 37 YEARS

SRI SANTHOSH NAIK K. L., S/O LAKSHMANA NAIK AGED ABOUT 34 YEARS

Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka

SMT. NEELABAYI C/O LAKSHMA NAIK AGED ABOUT 56 YEARS

PETITIONER NOS. 1 TO 4 ARE R/AT NO.67, KELAGINANAYAKARANDAHALLI ANTHARAHALLI POST DOD BALLAPUR BANGALORE RURAL DISTRICT KARNATAKA – 561 203.

SRI NANJUNDACHAR S/O ASHWATHACHAR

2 - NC: 2026:KHC:16667 CRL.P No. 4540 of 2026

HC-KAR

R/AT NO.73 BACHAHALLI ANTHARAHALLI POST DODDABALLAPURA TALUK DOD BALLAPUR BANGALORE RURAL DISTRICT KARNATAKA – 561 203.

SMT. SUMITHRA BAI W/O NATARAJA NAIK KELAGINANAYAKARANDAHALLI BENGALURU RURAL DISTRICT KARNATAKA – 561 203.

PADMA BAI K. L., W/O SRINIVASANAIK AGED ABOUT 37 YEARS THUBARGERE HOBLI VTC: KELAGINANAYAKARANDAHALLI PO: ANTHARACHALLI SUN DISTRICT: DODBALLAPUR DISTRICT BANGALORE RURAL KARNATAKA – 561 203.

…PETITIONERS

(BY MS. RAKSHITHA P.SINGH, ADVOCATE)

AND:

THE STATE OF KARNATAKA BY DODDABALLAPURA RURAL POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001.

SMT. MUNI BAI W/O NARASIMHAIAH

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NC: 2026:KHC:16667 CRL.P No. 4540 of 2026

HC-KAR

AGE: MAJOR R/AT NO.66, 5^TH CROSS KIRLOSKAR FOUNDRY YASWANTHAPURA BENGALURU CITY KARNATAKA – 560 022.

…RESPONDENTS

(BY SRI B.N.JAGADEESHA, ADDL. SPP FOR R1)

THIS CRL.P IS FILED U/S 482 CR.P.C (FILED U/S 528 BNSS) PRAYING TO QUASH THE ORDER DATED 29.01.2026 PASSED IN SPL.C NO. 113/2014 BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, BANGALORE RURAL DISTRICT AT BANGALORE AND ALLOW THE PETITIONERS TO CROSS EXAMINE OF PW.9 AND PW.18 AND TO DEPOSIT WITNESS BATHA OF RS.5,000/- EACH AS PER ORDER DATED 03.01.2026 PASSED IN SPL.C NO. 113/2014 BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, BANGALORE RURAL DISTRICT AT BANGALORE.

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

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioners are before this Court seeking the following

prayer:

“WHEREFORE, Petitioners humbly prays that this Hon'ble Court may be pleased to quash the order dated 29.01.2026 passed in SPL.C No.113/2014 by the II Additional District and Sessions Judge, Bangalore Rural District at Bangalore and allow the petitioners to cross examine of PW.9 and PW.18 and to deposit witness batha of Rs.5,000/- each as per order dated 03.01.2026 passed in SPL.C No.113/2014 by the II Additional District and Sessions Judge, Bangalore Rural District at Bangalore, in the ends of Law and justice.”

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NC: 2026:KHC:16667 CRL.P No. 4540 of 2026

HC-KAR

Heard Ms. Rakshitha P. Singh, learned counsel for petitioners and Sri B.N.Jagadeesha, learned Additional State Public Prosecutor for respondent No.1.

Facts, in brief, germane are as follows:

The petitioners are accused Nos.1 to 4 and 6 to 8, who are facing proceedings in Spl.C.No.113/2014. The issue in the lis is not with regard to the merit of the matter. An application is filed by the petitioners under Section 348 of the BNSS or Section 311 of the Cr.P.C., the earlier regime, in Special Case No.113/2014 seeking permission to recall prosecution witnesses – PWs.9 and 18. The application comes to be allowed by the concerned Court, with a condition that an amount of ₹5,000/- for each of the witnesses as witness bhatta should be deposited before the concerned Court on or before 07.01.2026. Due to inadvertent gap in communication, it transpires that the amount of ₹10,000/- is not deposited by the petitioners and therefore, the opportunity of further crossexamination is now at jeopardy.

5 - NC: 2026:KHC:16667 CRL.P No. 4540 of 2026

HC-KAR

Learned counsel for the petitioners submits that the petitioners would immediately deposit the amount as was directed by the concerned Court, if this Court would permit to do so and the concerned Court be directed to permit the petitioners to recall prosecution witnesses – PWs.9 and 18 for further cross-examination.

In that light, I deem it appropriate to permit the petitioners to deposit the amount of ₹10,000/- in the next 3 days and the concerned Court to fix the date for further crossexamination of PW.9 and PW.18 in terms of the order dated 03.01.2026, whereby, the concerned Court has directed to deposit amount, while allowing the application under Section 348 of the BNSS.

For the aforesaid reasons, the following:

ORDER

a. The criminal petition is allowed.

b. The impugned order dated 29.01.2026, passed by the II Additional District and Sessions Judge, Bengaluru, stands quashed.

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NC: 2026:KHC:16667 CRL.P No. 4540 of 2026

HC-KAR

c. The order dated 03.01.2026, passed by the II Additional District and Sessions Judge, Bengaluru, stands recalled and modified, by permitting the petitioners to deposit the amount of ₹5,000/- to each of the prosecution witnesses – PWs.9 and 18, as witness bhatta within 27.03.2026.

d. The concerned Court shall permit the petitioners for further cross-examination of PW9 and PW18 on the date fixed by it, subject to the deposit of ₹10,000/- as was indicated in the order dated 03.01.2026.

Ordered accordingly.

Sd/(M.NAGAPRASANNA) JUDGE

NVJ List No.: 2 Sl No.: 29