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NC: 2026:KHC:17261 CRL.RP No. 791 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF MARCH, 2026

BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA

CRIMINAL REVISION PETITION NO. 791 OF 2022 BETWEEN:

SRI HARIKRISHNA S/O KUNHAPPA NAIKA

AGED ABOUT 39 YEARS R/AT BENGADKA HOUSE

KANIYUR VILLAGE KADABA TALUK D K DISTRICT - 574 328

…PETITIONER (BY SRI. RAKSHITH KUMAR, ADVOCATE)

AND:

SMT HARINAKSHI K D/O PADMANABHA NAIKA

AGED ABOUT 33 YEARS, R/AT KUDEREGUNDI HOUSE

Digitally signed KADABA VILLAGE KADABA TALUK by R D K DISTRICT - 574 328 MANJUN ATHA

…RESPONDENT Location:

HIGH COURT (BY SRI. SUYOG HERELE E., ADVOCATE)

OF KARNATAKA THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY THE

ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO SET ASIDE THE IMPUGNED ORDER DATED 02.02.2022 PASSED BY THE HONBLE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU SITTING AT PUTTUR, D.K IN CRL.A.NO.5033/2019 AND ALSO ORDER

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NC: 2026:KHC:17261 CRL.RP No. 791 of 2022

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DATED 09.05.2019 PASSED BY THE HONBLE PRINCIPAL CIVIL JUDGE AND JMFC PUTTUR, IN CRL.MISC.NO.14/2019.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

1. Heard Sri. Rakshith Kumar, learned counsel for the revision petitioner and Sri. Suyog Herele E., learned

counsel for the respondent.

2. Respondent-husband who suffered an Order of maintenance in C. Misc. No.14/2019 which was confirmed in Criminal Appeal No.5033/2019 is the revision petitioner. 3. Admittedly, the wife is not residing along with the husband as she has been thrown out of the matrimonial house and therefore she approached the Magistrate under the provisions of Section 12 of the Protection of Women from Domestic Violence Act, (hereinafter referred to as

'D.V. Act' for short).

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NC: 2026:KHC:17261 CRL.RP No. 791 of 2022

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4. Learned Trial Magistrate after issuing notice to the respondent, recorded the evidence of the petitioner-wife

after entertaining the objections filed by the husband.

5. Since there was no material evidence contradicting the stand taken by the wife, inasmuch as there is no defence evidence, learned Trial Magistrate noted that there was a domestic violence which resulted in parties

having separated together.

6. Further, the Trial Magistrate recorded a finding that there cannot be an Order for restoration of shared residence inasmuch as there is a threat to the life of the wife and therefore ordered maintenance in a sum of Rs.5,000/- per month and Rs.50,000/- towards the compensation for the domestic violence suffered by the

wife.

7. Admittedly, there is huge arrears of maintenance. On the previous occasion, this Court granted time for the husband to make good the arrears of maintenance.

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NC: 2026:KHC:17261 CRL.RP No. 791 of 2022

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However as against due of Rs.3,00,000/- at the rate of Rs.5,000/- per month, only Rs.1,00,000/- is paid and

balance Rs.2,00,000/- is still not paid.

8. The Order of learned Trial Magistrate was subjected to challenge before First Appellate Court in Criminal Appeal

No.5033/2019.

9. Further, it is the wife who filed the appeal before the District Court seeking enhancement of the maintenance and learned Judge in the First Appellate Court after securing the records, heard the arguments of the parties and enhanced the maintenance in a sum of Rs.9,000/- per

month towards the maintenance of minor child Adhya.

10. Being further aggrieved by same, accused-husband is

before this Court in this case.

11. Sri Rakshith Kumar, learned counsel for the revision petitioner reiterating the grounds urged in the petition would contend that husband has filed petition for divorce which is pending consideration and having regard to

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NC: 2026:KHC:17261 CRL.RP No. 791 of 2022

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strained relationship between the parties, there is no possibility of amicable settlement and also the amount of Rs.9,000/- maintenance ordered by

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