IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 1736 OF 2026 BETWEEN:

1. SRI. MANDALAPPA, S/O M.M. THIMMAIAH, AGED ABOUT 66 YEARS, RETIRED ASSISTANT ENGINEER, IRRIGATION DEPARTMENT, R/AT AJJAMPURA VILLAGE AND POST, AJJAMPURA TALUK, CHIKKAMAGALURU DISTRICT - 577547.

2. T. GOPALAPPA S/O. M.M. THIMMAIAH, AGED ABOUT 81 YEARS, R/AT SHANKARAGHATTA VILLAGE AND POST, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT - 577 451.

…PETITIONERS (BY SRI. KIRAN KUMAR D.K., ADVOCATE AND:

Dig itally signed by SMT. PREMALEELA, SANJEEVINI J KARISHETTY W/O MANDALAPPA, Location: High HOUSEWIFE, Court of R/AT 3^RD CROSS, NEHRUNAGAR, Karnataka BIRUR TOWN, KADUR TALUK - 577 548.

…RESPONDENT THIS CRL.P IS FILED U/S 482 CR.PC (528 BNSS)

PRAYING TO A) SET-ASIDE THE ORDER DATED 17-04-2025 PASSED IN CRL. MISC. NO. 337/2023 PASSED BY THE IIIRD ADDL. CIVIL JUDGE AND J.M.F.C AT KADUR AND B) SET-ASIDE THE ORDER DATED 04-12-2025 IN CRL. R.P. NO. 75/2025 AND 76/2025 PASSED BY THE IIND ADDL. DISTRICT AND SESSIONS JUDGE AT CHIKKAMAGALURU BY ALLOWING THE PRESENT CRIMINAL PETITION AND ETC.

THIS CRL.P, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioners are before this Court seeking the following prayers:

"a) Call for the record in Crl. Misc. No. 337/2023 on the file of IIIrd Addl. Civil Judge & J.M.F.C at Kadur and in Crl. R.P. No. 75/2025 & Crl. R.P.No. 76/2025 on the file of IInd Addl. District & Sessions Judge at Chikkamagaluru and;

b) Set-aside the order dated 17-04-2025 passed in Crl. Misc. No. 337/2023 passed by the IIIrd Addl. Civil Judge & J.M.F.C at Kadur and;

c) Set-aside the order dated 04-12-2025 in Crl. R.P. No. 75/2025 & 76/2025 passed by the IInd Addl. District & Sessions Judge at Chikkamagaluru by allowing the present Criminal Petition.

d) Pass such other suitable order or orders as this Hon'ble Court deems it appropriate in the fact and circumstance of the case, in the ends of justice."

2. Heard Sri.Kiran Kumar D.K., learned counsel appearing for the petitioners and have perused the material on record.

3. The respondent files a Criminal Miscellaneous No.241/2019 against the petitioner-husband under Section 125 of the Code of Criminal Procedure seeking maintenance. The maintenance amount that was sought was Rs.10,000/- per month from the date of the petition till her re-marriage. The husband failed to make those payments and the wife was constrained to file Crl.Misc.No.337/2023 under Section 128 of the Cr.P.C., seeking a direction at the hands fo the concerned Court to pay arrears of Rs.7,32,500/-. The wife files an application under Section 431 read with Sections 128 and 421 of the Cr.P.C. to attach and sell the property bearing Sy.No.42/1 for the purpose of recovery of the amount. This is allowed by the concerned Court by the following order:

ORDERS ON APPLICATION DATED

6.03.2025 FILED BY THE PETITIONER UNDER SECTION 431 READ WITH SECTION 128 AND 421 OF CODE OF CRIMINAL PROCEDURE.

The Petitioner has filed present application praying to realize the arrears of maintenance amount in terms of Section 431 Cr.P.C. by following procedure contemplated under Section 421 of Cr.P.C.

2. In the application, it is stated by the petitioner that, this Court in Crl.Misc No. 214/2019 has passed Order directing the Respondent to pay the maintenance amount of Rs. 10,000/- per month. Despite of the Order, the Respondent did not make payment towards the maintenance amount. Therefore, the Petitioner constrained to file present petition to recover the maintenance amount. The Respondent is having landed property along with his brother in Sy. No. 42/1 of Handi Village, Ajjampura Hobli and Taluk, Chikkamagaluru District. At the present a sum of Rs. 7,32,500/- is pending as arrears of maintenance amount. Hence, prayed to allow the application.

3. On the other hand, the learned counsel for the Respondent has filed statement