- 1 - NC: 2025:KHC:10672 CRL.P No. 757 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 757 OF 2024 BETWEEN: 1. SMT H R CHANDRAKALA W/O D SHIVAKUMAR, AGED ABOUT 48 YEARS R/O DWARALU, KASABA HOBLI, SIRA TALUK, TUMKURU DISTRICT-572 139. …PETITIONER (BY SRI. VENUGOPAL K., ADVOCATE) AND: 1. SMT. PAKAJAMMA W/O LATE RANGATHAPPA AGED ABOUT 76 YEARS 2. SMT KAVITHA D/O LATE RANGATHAPPA AGED ABOUT 45 YEARS BOTH ARE R/O SAJJEHOSAHALLI, DODDERIHOBLI, MADHUGIRI TALUK, TUMKURU DISTRICT-572 112. …RESPONDENTS (BY SRI. SURENDRA KUMAR N., ADVOCATE) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 09.11.2023 PASSED BY THE HONBLE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU SITTING AT MADHUGIRI AND THE JUDGMENT PASSED BY THE HONBLE ADDITIONAL CIVIL JUDGE AND JMFC AT MADHUGIRI IN CRL.MISC.NO.133/2017 VIDE ITs ORDER DATED 05.03.2022 VIDE ANNEXURE A AND B. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10672 CRL.P No. 757 of 2024 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner challenges the order passed by the Trial Court, directing her to pay a maintenance amount of Rs.4,000/-, which was subsequently confirmed by the learned Sessions Judge. 2. Respondent No.1 filed a petition under Section 125 of the Cr.PC, stating that her son passed away in 1998. The daughters, acting in collusion, entered into a compromise in O.S. No.189/2010 concerning immovable properties and obtained a compromise decree. As per the decree, the daughters were granted a share in the joint family properties, depriving the petitioner’s mother of her legitimate share. 3. The Trial Court, after considering both oral and documentary evidence on record, directed each of the daughters to pay Rs.4,000/- per month as maintenance. The petitioner challenged this order before the Sessions Court, which upheld the decision of the Trial Court. 4. Heard the submissions of the learned counsel for the parties. - 3 - NC: 2025:KHC:10672 CRL.P No. 757 of 2024 5. A perusal of the impugned order and the material on record indicates that the petitioner’s father had filed a suit for partition and separate possession in O.S. No.189/2010. The petitioner was not made a party to the suit. The daughters, in collusion, entered into a compromise, whereby they were granted a share in the immovable property, depriving their mother of her legitimate share and her right to maintenance. 6. Therefore, I find no illegality in the orders passed by the Courts below. 7. Accordingly, the petition is dismissed. However, the cost of Rs.5,000/- imposed on the petitioner by the learned IV Additional District and Sessions Judge in Crl.R.P. No.5006/2023 is hereby set aside. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 1 Sl No.: 111