SRI RAGHU K C vs GEETHA B G
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:59306
CRL.P No. 1792 of 2021
C/W CRL.P No. 1489 of 2021
CNR: KAHC010086832021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 17 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
CRIMINAL PETITION NO.1792 OF 2021
C/W
CRIMINAL PETITION NO.1489 OF 2021
IN CRL.P NO.1792/2021:
BETWEEN:
SRI RAGHU K.C.,
S/O LATE D.D.CHENGAPPA
AGED ABOUT 42 YEARS
R/AT NO.6-86/1A
NEAR BHOODU ANGANAVADI
KERPALA, SULLIA KASABA VILLAGE
DHAKSHINA KANNADA DISTRICT
NOW R/AT ROOM NO.19
BANANSHANKARI NILAYA
ND TH
2 MAIN, 14 CROSS
THYAGARAJANAGARA
BENGALURU - 560 050
…PETITIONER
Digitally signed
by DEVIKA M
Location: HIGH
COURT OF
KARNATAKA
(BY SRI. PRASANNA D.P., ADVOCATE)
AND:
GEETHA B.G.
W/O LATE S.M. PULAKESHI
AGED ABOUT 42 YEARS
R/AT SHYADRI MOTORS
OPPOSITE PATEL TIMBERS
RD
3 MAIN, RUKMINI NAGAR
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HC-KAR
NC: 2026:KHC:59306
CRL.P No. 1792 of 2021
C/W CRL.P No. 1489 of 2021
CNR: KAHC010086832021
NAGASANDRA POST
BENGALURU - 560 073
…RESPONDENT
(SERVICE OF NOTICE TO RESPONDENT HELD SUFFICIENT,
VIDE ORDER DATED 09.04.2021)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
SET ASIDE THE ORDER DATED 07.12.2020 AND 19.01.2021 ON
I.As UNDER SEC.311 OF CR.PC IN C.C.NO.29179/2017 PASSED
BY THE XX A.C.M.M., AT BENGALURU FOR THE OFFENCE P/U/S
138 OF THE N.I ACT BY PERMITTING THE PETITIONER TO
EXAMINE HIS EMPLOYER ALSO AND ETC.
IN CRL.P NO.1489/2021:
BETWEEN:
SRI. RAGHU K.C.,
S/O LATE D.D. CHENGAPPA
AGED ABOUT 44 YEARS
R/A NO.6-86/1A
NEAR BHOODU ANGANAVADI
KERPALA, SULLIA KASABA VILLAGE
DHAKSHINA KANNADA DISTRICT
NOW R/AT ROOM NO.19
BANASHANKARI NILAYA
ND TH
2 MAIN, 14 CROSS
THYAGARAJANAGARA
BENGALURU-560050
...PETITIONER
(BY SRI. PRASANNA D.P., ADVOCATE)
AND:
RAMADAS B. PATGAR
S/O LATE BEER PATGAR
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HC-KAR
NC: 2026:KHC:59306
CRL.P No. 1792 of 2021
C/W CRL.P No. 1489 of 2021
CNR: KAHC010086832021
AGED ABOUT 59 YEARS
ST
R/A NO.51/2, 1 MAIN
RUKMINI NAGAR
0NAGASANDRA POST
BENGALURU-560073
...RESPONDENT
(SERVICE OF NOTICE TO RESPONDENT HELD SUFFICIENT,
VIDE ORDER DATED 25.02.2021)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
SET ASIDE THE ORDER DATED 19.01.2021 ON I.A. IN
C.C.NO.30836/2017 PASSED BY THE XX ADDL.C.M.M.,
BENGALURU FOR THE OFFENCE P/U/S 138 OF N.I. ACT BY
PERMITTING THE PETITIONER TO EXAMINE HIS EMPLOYER
ALSO AND ETC.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
ORAL ORDER
Heard the learned counsel appearing for the petitioner
in both the matters. Respective respondents served, but
they unrepresented.
In Crl.P.No.1792/2021
2. The challenge made in this petition is in respect
of the order dated 07.12.2020 wherein application filed
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HC-KAR
NC: 2026:KHC:59306
CRL.P No. 1792 of 2021
C/W CRL.P No. 1489 of 2021
CNR: KAHC010086832021
under Section 311 of Cr.P.C seeking permission to lead
defence evidence was rejected and also challenge was made
in respect of the order dated 19.01.2021 wherein application
filed under Section 311 of Cr.P.C praying to issue summons
to the witness was allowed in part.
3. The counsel appearing to the petitioner would
submit that due to COVID period that too in the month of
November, 2020 could not able to appear before the Trial
Court and Trial Court while rejecting the application comes to
the conclusion that 3 dates are given for appearance of the
accused who has been examined but he did not subject to
cross examination and hence proceeded to pass an order
rejecting the application for recalling of DW1.
4. Having perused the records, it discloses that
during the month of November 2020 SOP was prevailing. But
trial Court while giving the reasons in paragraph 6 comes to
the conclusion that when DW1 further cross examination was
posted on 20.10.2020 and subsequently on 05.11.2020 and
13.11.2020 that is within a period of almost 21 days, 3
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HC-KAR
NC: 2026:KHC:59306
CRL.P No. 1792 of 2021
C/W CRL.P No. 1489 of 2021
CNR: KAHC010086832021
adjournment was given and taken note that failed to appear
before the Court either physically or through VC. However,
taken note that this is a case of 4 year old case. Having
taken note of non-appearance of the petitioner before the
Court for cross examination, this Court can grant an
opportunity to the petitioner to subject for cross examination
on payment of cost of Rs.2,000/- payable to the
complainant.
5. However, with regard to the other order dated
19.01.2021 is concerned, the trial court rightly rejected the
application on the ground that no suggestion was made to
PW1 with regard to the plea of alibi. However, wants to
examine his wife and the same is allowed. When such
reasoned order has been passed by allowing the application
partly, the question of setting aside the said order dated
19.01.2021 does not arise.
In Crl.P.No.1489/2021
6. The prayer sought in this petition is to set aside
the order dated 19.01.2021 passed on I.A. in
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HC-KAR
NC: 2026:KHC:59306
CRL.P No. 1792 of 2021
C/W CRL.P No. 1489 of 2021
CNR: KAHC010086832021
C.C.No.30836/2017. A similar order was passed by the trial
Court to prove the defence of alibi. When the reasoned order
has been passed by the trial Court rejecting the same,
question of entertaining the similar application that too for
examining two witnesses does not arise. The Trial Court has
already allowed the application giving an opportunity to the
petitioner to examine his wife. When such order has been
passed, the question of entertaining this petition which is
arising out of different case wherein complainant is also
different does not arise.
7. In view of the discussions made above, I pass the
following:
Order
i. The Crl.P.No.1792/2021 is allowed in part
setting aside the order dated 07.12.2020
and given an opportunity to the petitioner to
subject for cross examination without fail on
the next date of hearing by paying the cost
of Rs.2,000/- in favour of the complainant.
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HC-KAR
NC: 2026:KHC:59306
CRL.P No. 1792 of 2021
C/W CRL.P No. 1489 of 2021
CNR: KAHC010086832021
The prayer for setting aside the order dated
19.01.2021 is rejected.
ii. The Crl.P.No.1489/2021 is dismissed.
iii. The Trial Court is directed to dispose of the
matter expeditiously as the matter is of the
year 2017.
Sd/-
(H.P.SANDESH)
JUDGE
SN