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CDJ 2026 Kar HC 300
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| Court : High Court of Karnataka |
| Case No : Criminal Petition No. 4540 Of 2026 |
| Judges: THE HONOURABLE MR. JUSTICE M. NAGAPRASANNA |
| Parties : Jayabai & Others Versus The State Of Karnataka, Represented By State Public Prosecutor, Bengaluru & Another |
| Appearing Advocates : For the Petitioners: Rakshitha P. Singh, Advocate. For the Respondents: R1, B.N. Jagadeesha, ADDL. SPP. |
| Date of Judgment : 24-03-2026 |
| Head Note :- |
BNSS - Section 348 -
Comparative Citation:
2026 KHC 16667,
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| Summary :- |
1. Statutes / Acts / Rules / Orders Mentioned:
- Section 482 Cr.P.C
- Section 528 BNSS
- Section 348 of the BNSS
- Section 311 of the Cr.P.C.
- Order dated 29.01.2026 passed in SPL.C No.113/2014
- Order dated 03.01.2026 passed in SPL.C No.113/2014
2. Catch Words:
- Quash
- Cross‑examination
- Witness bhatta
- Recall prosecution witnesses
3. Summary:
The petitioners, accused in Special Case No.113/2014, filed a criminal revision under Section 482 Cr.P.C seeking to quash an order dated 29.01.2026 and to permit cross‑examination of prosecution witnesses PW‑9 and PW‑18. They had earlier obtained permission under Section 348 BNSS to recall the witnesses, subject to depositing ₹5,000 per witness, but failed to make the payment due to a communication lapse. The petitioners offered to deposit the required ₹10,000 within three days. The Court allowed the deposit, recalled and modified the earlier order, and directed the lower court to fix a date for further cross‑examination upon receipt of the payment. Consequently, the impugned order was quashed and the petition was granted.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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(Prayer: 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.)
Oral Order
1. 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."
2. Heard Ms. Rakshitha P. Singh, learned counsel for petitioners and Sri B.N.Jagadeesha, learned Additional State Public Prosecutor for respondent No.1.
3. 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 cross-examination is now at jeopardy.
4. 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.
5. 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 cross- examination 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.
6. 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.
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.
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