Case Note & Summary
The State of Karnataka filed a criminal petition under Section 482 of the Code of Criminal Procedure challenging the order dated 17-01-2026 passed by the LVI Additional City Civil and Sessions Judge, Bengaluru in S.C.No.1319/2024, which rejected the prosecution's oral request to cross-examine PW-1 under Section 154 of the Indian Evidence Act. The case arose from Crime No.250 of 2024 registered at Kamakshipalya Police Station for offences punishable under Sections 302 and 201 of the Indian Penal Code, based on a complaint by Keval Ram Dorji, a security officer, who discovered the body of Renukaswamy near Sattva Anugraha Apartment. Investigation initially implicated accused Nos.4, 15 to 17, and later expanded to accused Nos.1 to 3, 5 to 14. After committal and framing of charges, the prosecution examined CW-8 as PW-1, who marked Exhibits P1 to P13 and material objects 1 to 8. During cross-examination by the defence, PW-1 allegedly deposed contrary to the material on record and her examination-in-chief, leading to the marking of Exs.D1 to D22. The prosecution then made an oral request to cross-examine PW-1 under Section 154 of the Evidence Act, which the trial court rejected on the ground that the prosecution could not cross-examine its own witness without first declaring the witness hostile. The State argued that Section 154 permits a party to cross-examine its own witness and that the court has discretion to grant permission, relying on judgments of the Apex Court. The accused contended that PW-1 supported the prosecution case and that only vague statements were highlighted; they argued that cross-examination of one's own witness is permissible only in exceptional circumstances under Section 154 and that the court has discretion. The High Court heard arguments and reserved the matter for orders, but the judgment text provided ends before the final decision is recorded.
Headnote
A) Evidence Law - Hostile Witness - Cross-examination of Own Witness - Indian Evidence Act, 1872, Section 154 - The State as prosecution sought permission to cross-examine its own witness PW-1 under Section 154 after she allegedly gave contrary answers during cross-examination by accused regarding identification of deceased's body, mobile contact details, and weapon/wound; the trial court rejected the request on the ground that prosecution cannot cross-examine its own witness without declaring the witness hostile; the High Court was called upon to decide whether Section 154 permits cross-examination of own witness without such declaration and whether the trial court's rejection was justified (Paras 3-6).
Issue of Consideration
Whether a party can cross-examine its own witness under Section 154 of Indian Evidence Act without declaring the witness hostile; whether the trial court erred in rejecting the prosecution's request for permission to cross-examine PW-1.
Law Points
- Section 154 Indian Evidence Act permits a party to cross-examine its own witness with court's discretion
- declaration of hostile witness not necessarily prerequisite
- trial court has discretion to allow or reject
- prosecution may seek to cross-examine own witness if witness contradicts earlier version.
