1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF JANUARY, 2021

BEFORE

THE HON'BLE MR. JUSTICE H.P. SANDESH

CRIMINAL PETITION No.7447/2019

BETWEEN:

SRI. SHASHIKUMAR @ ANNASOSONA R

S/O RAMANJUNIYA,

AGED ABOUT 31 YEARS

R/AT BEERNAHALLI,

TUMKUR TALUK – 572 131.

… PETITIONER

(BY SRI. CHANDRA C., ADVOCATE FOR

SRI. G.S. BALAGANGADHAR, ADVOCATE)

AND:

SMT. SEVANTHI @ SHWETHA

W/O.SHASHIKUMAR,

R/A. HOSAMPURA VILLAGE,

GONEBEEDU HOBLI,

MUDIGER TALUK – 577 201.

… RESPONDENT

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482

OF CR.P.C. PRAYING TO QUASH THE PORTION OF THE ORDER

PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS

JUDGE,

CHIKAMAGALUR

IN

CRL.RP.NO.440/2018

DATED

23.07.2019 PRODUCED AT ANNEXURE-A IN SO FAR AS

RELATING TO DIRECTION OF PAYING INTERIM MAINTENANCE

OF Rs.3,000/- TO THE RESPONDENT/WIFE PER MONTH TILL THE

DISPOSAL OF THE MAINTANCE PETITION BEFORE THE LOWER

2

COURT AS THE SAME IS IMPUGNED PERVERSE, CAPRICIOUS

AND LIABLE TO BE MODIFIED.

THIS CRIMINAL PETITION COMING ON FOR ADMISSION

THIS DAY, THE COURT MADE THE FOLLOWING:

O R D E R

Heard learned counsel appearing for the petitioner.

2.

This petition is filed under Section 482 of Cr.P.C,

praying this Court to quash the order portion passed in

Crl.R.P.No.440/2018 dated 23.07.2019 by the II Additional

District

and

Sessions

Judge,

Chikmagalur,

directing

the

petitioner to pay the interim maintenance of Rs.3,000/- to the

respondent/wife.

3.

The factual matrix of the case is that the respondent

herein had filed a petition before the learned Magistrate in

Crl.Misc.No.152/2017. The petitioner herein was placed ex-parte

and the learned Magistrate directed this petitioner to pay

maintenance of Rs.3,000/- vide order dated 20.02.2017 and also

directed to pay a sum of Rs.1,000/- as costs of proceedings.

Hence, the petitioner has filed Crl.R.P.No.440/2018 before the II

Additional District and Sessions Judge, Chikmagalur. In the

3

revision petition, the impugned order passed by the Magistrate

was set aside with a condition that the petitioner shall pay the

maintenance of Rs.3,000/- as ordered in Crl.Misc.No.152/2017

as interim maintenance to the respondent/wife per month till the

disposal of the petition. The matter was remanded to the Trial

Court with a direction to provide an opportunity to the petitioner

to adduce his evidence and thereafter, dispose the case

accordingly. Hence, the present petition is filed invoking under

Section 482 of Cr.P.C.

4.

The main contention of the petitioner in this petition

is that, directing the petitioner to pay interim maintenance of

Rs.3,000/- is illegal and capricious. It is contended that the

respondent is not entitled for any maintenance as already

restitution of conjugal rights petition is pending. It is also

contended that the respondent is entitled for maintenance or not

can only be considered in a full-fledged trial by considering the

rival contentions and documents. Hence, it requires an

interference of this Court.

4

5.

Having perused the records of the Magistrate Court,

notice was served on the petitioner herein and he did not choose

to engage the Counsel or to appear before the Magistrate.

Hence, the Magistrate considered the matter by placing him as

ex-parte and meager maintenance amount was awarded i.e.,

Rs.3,000/- at the rate of Rs.100/- per day. The Revisional Court

also exercised its discretion, setting aside the order and directed

to pay the interim maintenance of Rs.3,000/- till the disposal of

the case giving an opportunity to the petitioner.

6.

Having perused both the orders and also taking note

of

the

quantum

of

maintenance

awarded

as

interim

maintenance, it is not a fit case to exercise the powers under

Section 482 of Cr.P.C. to quash the order.

7.

In view of the discussions made above, I pass the