Actor Darshan case: No need to cross-examine Renukaswamy’s mother as she has not turned hostile, says Karnataka High Court

The High Court of Karnataka on Tuesday upheld the trial court’s order, which had found that answers given by murder victim Renukaswamy’s mother to the questions posed by defence counsel for accused actor Darshan and others, are “not manifest antipathy towards prosecution case” that warrant her cross examination by the prosecution under Section 154 of the Evidence Act.

“A stray statement cannot be metamorphosed into hostility, nor can an unguarded answer become a passport for the prosecution to cross-examine its own witness,” the High Court observed.

It pointed out that “a cumulative consideration of the deposition of PW-1 “(mother of deceased Renukaswamy), her examination-in-chief and cross-examination, and the law declared by the apex court...., no circumstance emerges which could compel, or even warrant, exercise of discretion under Section 154 of the Evidence Act.”