- 1 - NC: 2025:KHC:5542 CRL.P No. 1673 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1673 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI SHIVAKUMAR N S/O T. NATARAJU, AGED ABOUT 31 YEARS, R/AT BHARATHINAGARA (KM DODDI) NEAR OLD SBI, HALAGURU ROAD, MADDUR TALLUK MANDYA DISTRICT-571 422. …PETITIONER (BY SRI. MANU B P., ADVOCATE) AND: SMT LAVANYA G W/O SHIVAKUMAR D/O R. GANESHAN AGED ABOUT 24 YEARS, R/AT C/O C N RAJU DEVAANGA 1ST BEEDI, KOBBARI ANGADI, CHAMARAJANAGARA – 571 313. …RESPONDENT (NOTICE TO RESPONDENT IS DISPENSED WITH VIDE ORDER DATED 06.02.2025) THIS CRL.P. IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO CONSEQUENTLY QUASH THE IMPUGNED ORDER DATED 16.01.2025 PASSED IN CRL.A.NO.69/2024 WHICH IS PENDING ON THE FILE OF THE PRL. DIST. AND SESSIONS JUDGE, CHAMARAJANAGARA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LEELAVATHI S R Location: High court of Karnataka - 2 - NC: 2025:KHC:5542 CRL.P No. 1673 of 2025 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: a) Call for the entire records in Criminal Appeal No.69/2024 pending on the file of learned Principal District & Sessions Judge, Chamarajanagara. b) This Hon’ble Court may be pleased to allow this petition and consequently quash the impugned order dated 16.01.2025 passed in Criminal Appeal No.69/2024 which is pending on the file of the Principal District & Sessions Judge, Chamarajanagara. c) Pass such any other relief / reliefs as this Hon’ble Court deems fit to grant in the facts and circumstances of the above case, in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record. For the order proposed, notice to respondent is dispensed with. 3. A perusal of the material on record will indicate that petitioner is the husband of respondent, who instituted proceedings against the petitioner under the provisions of Protection of Women from Domestic Violence Act, 2005. In the said proceedings, respondent filed an application for interim maintenance, which was - 3 - NC: 2025:KHC:5542 CRL.P No. 1673 of 2025 partly allowed by the Trial Court, which granted Rs.4,000/- per month in favour of the respondent against petitioner. Aggrieved by the same, respondent filed an appeal in Crl.A.No.69/2024 in which the First Appellate Court issued notice to the petitioner, who entered appearance through his counsel. Subsequently, by the impugned order dated 16.01.2025, the First Appellate Court has issued NBW as against the petitioner, who is before this Court by way of the present petition. 4. Learned counsel for the petitioner submits that if the impugned order directing issuance of NBW dated 16.01.2025 as well as subsequent order dated 04.02.2025 re-issuing NBW to the petitioner and fixing the date on 11.03.2025 is recalled, petitioner undertakes to appear before the First Appellate Court on 11.03.2025 and contest the proceedings in accordance in law. 5. The said submission is placed on record. 6. Having regard to the fact that the petitioner was earlier represented by a counsel before the First Appellate Court coupled with the undertaken given on behalf of the petitioner that he would appear in Crl.A.No.69/2024 on the next date of hearing posted on 11.03.2025, without expressing any opinion on the merits / demerit - 4 - NC: 2025:KHC:5542 CRL.P No. 1673 of 2025 of the rival contentions, I deem it just and appropriate to set aside the order dated 16.01.2025 and the order dated 04.02.2025 passed by the First Appellate Court in Crl.A.No.69/2024 and permit the petitioner to appear before the First Appellate Court on 11.03.2025 and contest the appeal on merits. It is however made clear that in the event petitioner and / or his counsel do not appear before the First Appellate Court on 11.03.2025, the First Appellate Court shall re-issue NBW as against the petitioner and proceed further in accordance with law. 7. In the result, I pass the following: ORDER (i) The petition is hereby disposed of. (ii) The impugned order dated 16.01.2025 and the order dated 04.02.2025 passed by the First Appellate Court in Crl.A.No.69/2024 are hereby set aside. (iii) Petitioner and / or his counsel is directed to appear before the First Appellate Court on 11.03.2025. (iv) In the event petitioner and / or his counsel do not appear before the First Appellate Court on 11.03.2025, the - 5 - NC: 2025:KHC:5542 CRL.P No. 1673 of 2025 First Appellate Court shall re-issue NBW as against the petitioner and proceed further in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 101