IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.597/2019 BETWEEN 1. N J RAJESH S/O JAVARAIAH AGED ABOUT 31 YEARS, AGRICULTURIST 2. SIDDEGOWDA S/O JAVARAIAH AGED ABOUT 55 YEARS 3. BOREGOWDA S/O JAVARAIAH AGED ABOUT 45 YEARS 4. JAYALAKSHMI W/O SHIVALINGAIAH AGED ABOUT 42 YEARS 5. SHIVALINGAIAH S/O SIDDAIAH AGED ABOUT 45 YEARS, 6. RAJA S/O CHIKKATHAMMAIAH, AGED ABOUT 27 YEARS 7. JAVAREGOWDA S/O DODDASHIVANNA AGED ABOUT 26 YEARS AGRICULTURIST 8. SHIVARAMA S/O RAMAKRISHNA AGED ABOUT 22 YEARS ALL ARE R/O NAGANAHALLI VILLAGE, NAGAMANGALA TALUK-562123 MANDYA DISTRICT.
... PETITIONERS (BY SRI A H BHAGAVAN, ADV.) AND STATE OF KARNATAKA, BY NAGAMANGALA RURAL POLICE, NAGAMANGALA, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU-560 001.
... RESPONDENT (BY SRI S.RACHAIAH, HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO (a)SET ASIDE THE ORDER, DATED 07.12.2018 PASSED BY THE LEARNED PRINCIPAL SESSIONS JUDGE, MANDYA IN S.C.NO.196/2012, DISMISSING THE APPLICATION FILED BY THE PETITIONER/ACCUSED AND CONSEQUENTLY, (b) ALLOW THE APPLICATION FILED BY THE PETITIONER UNDER SECTION 311 CR.P.C AND RECALL PWs 3 TO 5 AND PERMIT THE PETITIONER TO CROSS EXAMINATION THEM.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Application filed under Section 311 of Criminal Procedure Code (for short ‘Cr.P.C.’) to recall PWs-3 to 5 which has been dismissed, is called in question.
2. Perusal of the records would disclose that even on earlier occasion similar application had been dismissed by order dated 03.05.2018 and petitioners had approached this court in Crl. Petition No.4386/2018, which petition came to be dismissed by reserving liberty to the petitioners to file fresh application by specifying the reasons for recalling PWs-3 to 5 and also by producing necessary documents in support of said prayer if any. Hence, petitioners filed fresh application for recall of PWs-3 to 5 contending inter alia that there were case and counter case between petitioners and complainants and as such, PW-3 to PW- 5 are to be recalled for the purposes of confronting them with the documents of earlier proceedings namely civil cases. Learned trial judge by impugned order has noticed that in the cross-examination of PW-3 he has clearly admitted regarding counter case and has also admitted regarding the suit filed against wife of accused No.1 before the civil court at Nagamangala and as such has held there is no necessity to further recall PWs-3 to 5 for further cross-examination. Reason recalled for learned Sessions Judge to reject the application is just a proper. Hence, this court does not find any good ground to entertain the petition.
Accordingly, Criminal Petition is rejected.
SD/- JUDGE Chs*/- CT-HR