Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:4486 CRL.P No. 1167 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL PETITION NO. 1167 OF 2024 BETWEEN:
MR. PRAKASH RAO MAIRPADY AGED ABOUT 53 YEARS, S/O LATE M.V. RAO, NOW RESIDING AT NO. 104, SAI PARADISE, URWA STORES, CHILIMBI ROAD, ASHOKANAGARA POST, MANGALORE - 575 006
PRESENTLY R/AT NO.404, 'SRI RATNA', NAKSHATRA APARTMENTS, GANDHINAGAR, 8TH CROSS, MANGALORE - 575 003. …PETITIONER (BY SRI. RAVISHANKAR A., ADVOCATE) AND:
SMT. SWATHI HEBBAR, AGED ABOUT 47 YEARS, W/O. MR. PRAKASH RAO MAIRPADY, R/A C/O MR. ASN HEBBAR, ADVOCATE,
"NUDI", MAIN ROAD, KUNDAPURA - 576 201.
ALSO AT I FLOOR, NO.284,
Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA
- 2 -
NC: 2025:KHC:4486 CRL.P No. 1167 of 2024
JAYARAM NEST, 11TH CROSS, JAYANAGAR II BLOCK, BANGALORE - 560 011. …RESPONDENT (BY SRI. N.K. RAMESH, ADVOCATE) *** THIS CRIMINAL PETITION IS FILED U/S.407 OF CR.P.C PRAYING TO
ORDER FOR TRANSFER OF CRL.MISC.NO.117/2023 PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE AND J.M.F.C., KUNDAPURA TO METROPOLITAN MAGISTRATE AND TRAFFIC COURT-II, BANGALORE TO TRY THE SAME ALONG WITH CRL.MISC.NO.134/2016 PENDING BEFORE THE METROPOLITAN MAGISTRATE AND TRAFFIC COURT-II, BANGALORE AND GRANT SUCH OTHER RELIEFS, AS THIS COURT DEEMS FIT TO GRANT, IN THE CIRCUMSTANCES OF THE CASE.
THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL ORDER
Though this matter is posted for Admission, with the consent of the learned counsel for the parties, the same is taken up for final disposal.
- 3 -
NC: 2025:KHC:4486 CRL.P No. 1167 of 2024
2. Both parties present. Heard Sri. Ravishankar A.,
learned counsel for the petitioner and Sri.N.K. Ramesh,
learned counsel for the respondent.
3. The petitioner has filed the present petition under Section 407 of the Code of Criminal Procedure, 1973, (hereinafter for brevity referred to as "Cr.P.C."), with the follower prayer:
"Wherefore, the petitioner prays that the Hon'ble Court be pleased to order for transfer of Crl.Mis.117/2023 pending on the file of Additional Civil Judge and JMFC, Kundapura to Metropolitan Magistrate and Traffic Court-II Bangalore, to try the same along with Crl.Misc.No.134/2016 pending before Metropolitan Magistrate and Traffic Court-II, Bangalore, and grant such other reliefs, as the Hon'ble Court deems fit to grant, in the circumstances of the case, in the ends of equity and justice."
4. This Court secured the presence of the parties to find out the possibility of amicable settlement, if any.
5. The offer given by the wife is not acceptable to the husband and the counter offer given by the husband is
- 4 -
NC: 2025:KHC:4486 CRL.P No. 1167 of 2024
not acceptable to the wife. The offer and the counter offer are so wide that it cannot be patched up.
6. The respondent/wife has no objection to allow the petition prayer.
7. Accordingly, the present Criminal Petition is allowed. The petition filed in Crl.Misc.No.117/2023 under the provisions of Section 125 of Cr.P.C., pending on the file of the Additional Civil Judge and JMFC, Kundapura, is hereby withdrawn and transferred to the Metropolitan Magistrate and Traffic Court-II, Bangalore, to try the same along with Crl.Misc.134/2016.
Ordered accordingly.
Sd/- (V SRISHANANDA) JUDGE
BMV* List No.: 1 Sl No.: 23 CT:SNN