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2025 DAILYLAW 17024 (KAR)

SRI A B SHASHIDHARA v. SMT RENUKA H Y

CRL.RP/285/2024 · 2025-02-06

H P Sandesh

body2025

Judgment text

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- 1 - NC: 2025:KHC:5359 CRL.RP No. 285 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO. 285 OF 2024 BETWEEN: 1. SRI. A.B. SHASHIDHARA S/O A. BHOREGOWDA, AGED ABOUT 50 YEARS, R/AT MANJUSHRI NILAYA, NO.574, 575, 4TH CROSS, 8TH MAIN ROAD, BHUVNESHWARINAGAR, T. DASARAHALLI, BENGALURU-560057. PRESENTLY R/AT NO.55, 3RD CROSS, 1ST MAIN, KEMPEGOWDA NAGAR, DASARAHALLI, BENGALURU-560 057. …PETITIONER (BY SRI. MANJUNATH M.R., ADVOCATE) AND: 1. SMT. RENUKA H.Y., W/O A.B.SHASHIDHARA AGED ABOUT 41 YEARS 2. SPOORTHY D/O A.B.SHASHIDHARA, AGED ABOUT 17 YEARS, SINCE MINOR, Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5359 CRL.RP No. 285 of 2024 REP. BY HER MOTHER RENUKA H.Y., RESPONDENT NO.1 BOTH ARE R/AT VALLABHAI ROAD, 5TH CROSS, NEAR DURGAMMA TEMPLE, HASSAN TOWN – 573 201. PRESENTLY R/AT CHRISTIAN COLONY, M. HOSAKOPPALU VILLAGE, KASABA HOBLI, HASSAN TALUK AND DISTRICT-573 201. …RESPONDENTS THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.PC PRAYING TO SET ASIDE THE DISMISSAL ORDER DATED 27.01.2016 FOR DEFAULT PASSED BY THE 1ST APPELLATE III ADDL. DISTRICT AND SESSIONS JUDGE, HASSAN IN CRL.A.NO.57/2015 FILED BY THE PETITIONER AGGRIEVED BY THE JUDGMENT PASSED IN CRL.MISC.NO.56/2012 DATED 06.02.2015 BY THE PRL. CIVIL JUDGE AND JMFC AT HASSAN AND TO DIRECT THE 1ST APPELLATE COURT TO RESTORE THE CRL.A.NO.57/2015 ON THE FILE OF III ADDL. DISTRICT AND SESSIONS JUDGE, HASSAN AND TO DISPOSE THE CASE ACCORDING TO LAW. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER Heard learned counsel for the petitioner on I.A.No.1/2024 and there is a delay of 2,232 days in filing the criminal revision petition. - 3 - NC: 2025:KHC:5359 CRL.RP No. 285 of 2024 2. The impugned order challenged is dated 06.10.2009 passed in Crl. Misc. Petition No.184/2009, wherein compensation of Rs.5,000/- is awarded to the wife under Section 19 of the D.V. Act, an amount of Rs.5,000/- is awarded under Section 20 of the D.V. Act, an amount of Rs.3,000/- is awarded to the daughter and an amount of Rs.10,00,000/- as compensation is awarded under Section 22 of the D.V. Act and also awarded Rs.1,000/- as litigation expenses and allowed the application under Section 12 preventing him from committing any domestic violence. 3. The said order passed in Crl. Misc. Petition No.184/2009 is challenged before the Appellate Court in Crl.A.No.57/2015 and the same was dismissed on 27.01.2016 observing that there is no representation for the appellant and steps not taken, inspite of sufficient opportunity is given and dismissed the appeal for default. 4. The present revision petition is filed in 2024, though the petition was dismissed in 2016 and the reasons assigned in the affidavit of the petitioner is that his family members and well-wishers made effort to reunion of both of them, including - 4 - NC: 2025:KHC:5359 CRL.RP No. 285 of 2024 his minor daughter, but the respondent did not agree and continued to reside with her parents and during Covid-19, her mother passed away on 25.05.2021 and his father also fell ill with stroke and was suffering from cardiac attack and he was also under treatment and he was taking care of his father. Though affidavit is filed in support of the application to condone inordinate delay, no satisfactory reasons are assigned for the delay from 2016 to 2024, except narrating the ill-health of his father and attempt to reunite both the husband and wife. Hence, I do not find any ground to condone the delay or issue notice to the respondents. Though, notice was issued to the respondents earlier, having considered the affidavit, no satisfactory reasons are assigned even for service of notice to the respondents. Therefore, I do not find any ground to issue notice to the respondents and there is an inordinate delay of 2,232 days delay in filing the revision petition. Though the criminal appeal was dismissed in 2016, this criminal revision petition is filed in 2024 and no satisfactory reasons are assigned and nothing is averred in the affidavit for the delay from 2016 to 2024. - 5 - NC: 2025:KHC:5359 CRL.RP No. 285 of 2024 Accordingly, I.A.No.1/2024 is rejected. Consequently, the criminal revision petition is dismissed. Sd/- (H.P.SANDESH) JUDGE ST List No.: 1 Sl No.: 20