In a significant legal development, the Karnataka High Court has allowed an application filed by two 22-year-old men accused of murder to postpone the cross-examination of a key eyewitness. The court accepted the plea that an early cross-examination could prematurely disclose their defense strategy, thereby causing irreversible prejudice to their case.

Justice M Nagaprasanna, presiding over the case, delivered the order on February 3. The crux of the matter revolved around the fear that since multiple prosecution witnesses are closely related and were present at the same scene, any cross-examination of the first witness (PW1) would alert others about the defense’s line of questioning.

Highlighting the importance of a fair trial, Justice Nagaprasanna stated, “In the present case, several witnesses are cited as eyewitnesses to the same incident and are closely related. The apprehension of the accused that early cross-examination would lay bare their defense cannot be brushed aside as fanciful. Such apprehension is not only plausible but judicially recognized.”

Consequently, the court has deferred the cross-examination of PW1 until the examination-in-chief of all other relevant witnesses is concluded. This ruling underscores the judiciary’s commitment to ensuring that the tactical rights of the accused are protected during the trial process, preventing any undue advantage to the prosecution.