- 1 - NC: 2025:KHC:18015 CRL.P No. 2903 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL PETITION NO.2903 OF 2024 BETWEEN: 1. SRI. NITHIN JAIN P.M. S/O. MAHAVEER JAIN AGED ABOUT 30 YEARS RESIDING AT NO.208, 2ND FLOOR M.S.ROYAL APARTMENTS 2ND MAIN, 2ND CROSS, AREKERE BANNERGHATTA MAIN ROAD BENGALURU-560 076. …PETITIONER (BY SRI. B.S. SHRINIVAS, ADVOCATE) AND: 1. SMT. ROOPA R., D/O. RAJAVELU AGED ABOUT 31 YEARS RESIDING AT NEHRU NAGAR 3RD CROSS, T.K. ROAD, SADATH COLONY BEHIND NEW GOVERNMENT HOSPITAL BHADRAVATHI-577 301. …RESPONDENT (RESPONDENT – SERVICE HELD SUFFICIENT) THIS CRIMINAL PETITION IS FILED UNDER SECTION 407 OF CR.P.C PRAYING TO TRANSFER THE CRL.MISC.NO.201/2023 PENDING ON THE FILE OF HON’BLE PRL. CIVIL JUDGE AND J.M.F.C., BHADRAVATHI, SHIVAMOGGA DISTRICT TO THE HONOURABLE COURT OF PRINCIPAL FAMILY JUDGE, FAMILY COURT, BENGALURU WHERE THE MC.NO.6540/2022 FILED BY THE PETITIONER IS PENDING. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18015 CRL.P No. 2903 of 2024 THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER Heard learned counsel for the petitioner and this court has issued notice to the respondent and inspite of service of notice, the respondent has not appeared and notice to respondent is held sufficient. 2. This petition is filed under Section 407 of Cr.P.C. praying this court to transfer the case from Family Court, Bhadravathi to Family Court, Bengaluru only on the ground that the petitioner is a blind person having 100% blindness and photo is also produced as Annexure-A and Certificate is produced as Annexure-B which also discloses he is 100% disabled. Learned counsel for the petitioner also produced copy of the order sheet in M.C.No.6540/2022 filed by the respondent and the same is also allowed and decree has been granted and C.Misc.No.201/2023 is filed before the Bhadravathi Court. The counsel would submit that in view of the fact that petitioner is having 100% disability, he is unable to travel without support - 3 - NC: 2025:KHC:18015 CRL.P No. 2903 of 2024 and the Trial Court also granted maintenance Rs.5,000/- in C.Mis.No.201/2023 and he is regularly making payment of Rs.5,000/- as ordered by the Trial Court. 3. Having heard learned counsel for the petitioner and the respondent is unrepresented and certified copy of the order granting interim-maintenance of Rs.5,000/- per month ordered by the Trial Court is produced before the Court and so also copy of the order sheet in M.C.No.6540/2022, the counsel would submit that already C.Misc.No.201/2023 is allowed and this petition was filed in 2023. Having considered the fact that petitioner is a disabled person and having 100% disability of blindness and the fact that he is working in the Central Government is not in dispute. Taking note of the fact that he is working, the petitioner can meet the travel expenses of the respondent, if the case is transferred from Family Court, Bhadravathi to Family Court, Bengaluru since he has to depend a person to travel from Bengaluru to Bhadravathi as he is having 100% blind disability. Having taken note of the fact that petitioner is also working and also no material is placed before the Court that the respondent is working and earning, it is appropriate to transfer the petition in view of 100% disability of - 4 - NC: 2025:KHC:18015 CRL.P No. 2903 of 2024 the petitioner, subject to payment of Rs.2,500/- whenever the presence of the respondent is required to be appeared before the Family Court at Bengaluru. 4. Accordingly, the petition is disposed of with a direction to the Trial Court to transfer the case from Family Court, Bhadravathi to the Family Court, Bengaluru, forthwith. The petitioner and the respondent are directed to appear before the Family Court, Bangalore on 09.06.2025 and the Family Court is also directed to dispose of the matter within a period of six months from 09.06.2025 and both are directed to assist the Trial Court for disposal of the matter within the time bound period. The Trial Court is directed to notify the respondent about the transfer of the case through the Advocate on record since the respondent is unrepresented before this Court. Sd/- (H.P.SANDESH) JUDGE ST List No.: 1 Sl No.: 56