- 1 - NC: 2025:KHC:8528 CRL.P No. 465 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL PETITION NO. 465 OF 2024 BETWEEN: 1. SMT. SHASHIKALA KRISHNANANDA SHETTY W/O. KRISHNANANDA M SHETTY, AGED ABOUT 38 YEARS, RESIDING AT KODANBALE, KUMTA TALUK-581 332, UTTARA KANNADA DISTRICT. 2. KUMARI KOMALA D/O KRISHNANANDA SHETTY AGED ABOUT 14 YEARS RESIDING AT KODANBALE, KUMTA TALUK-581 332, UTTARA KANNADA DISTRICT. PETITIONERS NO.1 & 2, NOW RESIDING AT: R/O VENKATESHWARA NILAYA BASAVESHWARA NAGARA, SHIMOGA DISTRICT-577 201. (THE PETITIONER NO.2 IS A MINOR REPRESENTED BY NATURAL GUARDIAN HER MOTHER SMT. SHASHIKALA KRISHNANANDA SHETTY PETITIONER NO.1) …PETITIONERS (BY SRI. MADHUKAR NADIG, ADVOCATE) Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8528 CRL.P No. 465 of 2024 AND: SRI. KRISHNANANDA M SHETTY AGED ABOUT 61 YEARS, HIGH SCHOOL TEACHER, RESIDING AT BABRUVADA, ANKOLA TALUK-581 314, UTTARA KANNADA DISTRICT …RESPONDENT (BY SRI. ANIRUDH CHAMUNDA, FOR SRI. SHAFEER A.A., ADVOCATE) *** THIS CRIMINAL PETITION IS FILED U/S.407 OF CR.P.C PRAYING 1) TO TRANSFER PETITION FILED BY THE PETITIONER IN CRL.MISC.NO.236/2015 FILED UNDER SECTION 125 OF CRIMINAL PROCEDURE PENDING ON THE FILE OF THE ADDL.CIVIL JUDGE (JR.DN) AND J.M.F.C, KUMUTA TO THE HON'BLE COURT OF CIVIL JUDGE (JR.DN) AND J.M.F.C SHIVAMOGGA OR COMPETENT COURT HAVING JURISDICTION TO TRY THE SAME, ETC. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V SRISHANANDA ORAL ORDER Heard Sri. Madhukar Nadig, learned counsel for the petitioners and Sri. Anirudh Chamunda, learned counsel for the respondent. - 3 - NC: 2025:KHC:8528 CRL.P No. 465 of 2024 2. The petitioners have filed the present petition under Section 407 of the Code of Criminal Procedure, 1973, with the following prayers: "A) To transfer Petition filed by the Petitioner in CRL MISC NO. 236/2015 filed under section 125 of Criminal Procedure pending on the file of Additional Civil judge (Junior Division) & JMFC, Kumta to the Hon'ble court of Civil Judge (Junior Division) & JMFC, Shimogga or competent court having jurisdiction to try the same, in the interest of Justice and equity. (DOCUMENT NO.4) B) by directing to the Hon'ble court of Additional Civil judge (Junior Division) & JMFC Kumuta to transmit the records pertaining to CRL MISC NO.236/2015 and proceeds with the trail and dispose of the case in accordance with law, in the interest of Justice and equity. (DOCUMENT NO.4) C) Grant any other Directions and relief's as this Hon'ble court deems fit to grant under the facts and circumstances of the case, in the interest of Justice and equity." 3. Facts in brief which are utmost necessary for disposal of the petition are as under: - 4 - NC: 2025:KHC:8528 CRL.P No. 465 of 2024 4. Petitioner No.1 and respondent, according to the petition averments, are husband and wife and they have petitioner No.2, a female child born in the wedlock. After sufficient time in the marital tie, there were differences and the parties have fallen apart. Thereafter, a petition came to be filed in Crl.Misc.No.236/2015, seeking maintenance. 5. Pending disposal of the said petition, I.A.No.1 was filed by the petitioners, seeking interim maintenance, which came to be partly allowed. Recovery of the interim maintenance amount is initiated before the Court at Kumta. 6. Petition averments would further reveal that, because of the non-payment of the interim maintenance amount, the petitioners are unable to visit the Kumta Court for prosecuting the petition. Therefore, they sought for transfer of the proceedings to the Court at Shivamogga, where the petitioners are now residing. 7. The petition is opposed by the respondent by filing a detailed written objections, contending that, the - 5 - NC: 2025:KHC:8528 CRL.P No. 465 of 2024 relationship between the parties is in dispute. The respondent is suffering with various health issues and the age of the respondent would not permit him to attend the Shivamogga Court for the purpose of contesting the matter and thus sought for dismissal of the petition. 8. Having heard the parties in detail, this Court perused the material on record meticulously and on such perusal of the material on record, according to the petitioners, the arrears of interim maintenance runs to the tune of `4,80,000/-, after giving deduction to all payments. 8.1. However, according to the respondent, the arrears is to the tune of only `2,53,000/-. The interim maintenance amount, as ordered by the learned Trial Magistrate in Crl.Misc.No.236/2015 is to the tune of `5,000/- per month, i.e. a sum of `2,000/- to the petitioner No.1/wife and `3,000/- to the petitioner No.2/daughter. The said sum of `5,000/- per month, as interim maintenance, is not paid, even according to the - 6 - NC: 2025:KHC:8528 CRL.P No. 465 of 2024 respondent and arrears, according to him, is to the tune of `2,53,000/-. 9. In the absence of any payment being made by the respondent, the petitioners have now taken shelter with the relatives in Shivamogga. 10. Therefore, it is just and appropriate to transfer the proceedings from the Court at Kumta to the Court at Shivamogga, wherein the matter can be thrashed out on merits. 11. If the respondent is suffering from any health conditions, etc. he may seek for conducting the proceedings through video conference. 12. With the aforesaid liberty to the respondent, the following: ORDER i) The criminal petition is allowed; ii) Pending proceedings in Crl.Misc. No.236/2015, on the file of the Additional Civil Judge & JMFC, Kumta, is hereby withdrawn from - 7 - NC: 2025:KHC:8528 CRL.P No. 465 of 2024 the said Court and transferred to the jurisdictional Court at Shivamogga, for disposal, in accordance with law. Sd/- (V SRISHANANDA) JUDGE BMV* List No.: 2 Sl No.: 3 CT:SNN