Karnataka High Court defers cross-examination of witnesses in murder case to prevent exposure of defence strategy

Karnataka High Court defers witness cross-examination in murder case to uphold fair trial rights and protect defense strategy.

In a ruling reinforcing fair trial rights of the accused persons in criminal cases, the Karnataka High Court has directed a trial court to defer cross-examination of a prime witness in a murder case till the examination of remaining witnesses “to prevent exposure of the defence strategy that may enable other witnesses to tailor their testimony.”

Justice M. Nagaprasanna passed the order while allowing the petition filed by Ravindra Kumar and Manoj Kumar Sahani, both natives of Bihar, who are accused in the case of murdering Chotu Kumar, also from Bihar, during a quarrel in 2023 in Surathkal police station limits in Dakshina Kannada district. The victim had succumbed to injuries.

A sessions court in Mangaluru in June 2025 rejected their application filed under Section 231(2) of the Code of Criminal Procedure (Cr.P.C), for deferring cross-examination of prosecution witness (PW)-1 till the completion of examination of seven other witnesses.

The sessions court had cited potential delay in completion of trial, and difficulty in getting the PW-1 from Bihar again for cross-examination, and possible witness intimidation. Section 231(2) of Cr.PC gives power to trial court judges “to defer cross-examination of any witness until any other witness or witnesses have been examined”.

The High Court emphasised that “discretion under Section 231(2) of Cr.PC is not ornamental but purposive, representing statutory recognition that fairness of trial is a substantive guarantee flowing from Article 21”.

Citing the Supreme Court’s judgment on examination of multiple witnesses deposing on the same set of facts, the High Court said that “premature exposure of the defence strategy may enable subsequent witnesses to tailor their testimony, thereby imperilling them the fairness of trial.”