Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:23588 WP No. 18159 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 18159 OF 2025 (GM-RES) BETWEEN:
A.S. VASANTH KUMAR, S/O SHEKHARAPPA, AGED ABOUT 44 YEARS, R/AT ATTIMOGGE VILLAGE, KASABA HOBLI, AJJAMPURA TALUK, CHIKKAMAGALURU - 577 547. …PETITIONER (BY SRI. VINOD KUMAR, ADVOCATE) AND:
1.
LAKSHMI A ALIAS SHRUTI A, W/O A S VASANTH KUMAR, D/O S AJJANNA, AGED ABOUT 23 YEARS.
2.
YASHAS A V S/O A S VASANTH KUMAR, AGED ABOUT 5 MONTHS, REPRESENTED BY LAKSHMI A ALIAS SHRUTI A, THE RESPONDENT NO.1, BOTH R/AT C/O S AJJANNA, JAMMENAHALLI VILLAGE, SIRIGERE POST, BHARMASAGARA HOBLI, Digitally signed by DHAKSHAYINI R Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:23588 WP No. 18159 of 2025 CHITRADURGA. …RESPONDENTS
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET-ASIDE THE IMPUGNED ORDER DATED 26.09.2024 PASSED BY THE HONBLE PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA (ANNEXURE-D) AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER Heard the learned counsel for the petitioner and perused the material on record.
2. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner invited my attention to the impugned order in order to point out that the income of the petitioner is extremely low and the revisional court committed error in directing the petitioner to pay a sum of Rs.4,000/- to the respondents pending
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HC-KAR NC: 2025:KHC:23588 WP No. 18159 of 2025 disposal of the revision petition and as such the impugned
order deserves to be set aside.
3. A perusal of the material on record indicates that respondent No.1 is the wife of the petitioner and respondent No.2 is their son. On 12.08.2024, the respondents filed Crl.Misc.No.1180/2024 under Section 144 BNSS (Section 125 Cr.P.C.) seeking maintenance of Rs.30,000/- from the petitioner. The said petition is being contested by the petitioner. Along with the said petition, the respondents filed an application I.A.No.1 for interim maintenance of Rs.30,000/- p.m. which was contested by the petitioner and culminated in an
order dated 14.08.2024 directing the petitioner to pay an interim maintenance of Rs.6,000/- monthly to respondent no.1 and Rs.4,000/- monthly to respondent no.2. Aggrieved by the said order passed by the learned Magistrate, the petitioner has approached the revisional court in Crl.R.P.No.96/2024, in which he sought for stay of the
order of the learned Magistrate. By the impugned order
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HC-KAR NC: 2025:KHC:23588 WP No. 18159 of 2025 dated 26.09.2024, the revisional court stayed the order of the learned Magistrate subject to the petitioner paying a total sum of Rs.4,000/- per month to both the respondents. Aggrieved by the impugned order passed by the revisional court in Crl.R.P.No.96/2024, the petitioner is before this court by way of present petition. 4. Perusal of the impugned order indicates that the revisional court has considered and properly appreciated the entire material on record and by way of an interim arrangement directed the petitioner to a sum of pay Rs.4,000/- p.m. pending disposal of the revision petition. While arriving at the said conclusion, the revisional court held as under:
"Proceedings Heard Sri RAK advocate for revision petitioner and perused the case file as well as the exparte interim order passed by the learned II Addl. Civil Judge and JMFC, Chitradurga in Crl.Misc.1180/2024 on 14-08-2024 directing this revision petitioner to pay Rs.6000/- to R-1 and Rs.4000/- to R-2 per month. Perused the IA U/S.430 of BNSS for interim order. - 5 -
HC-KAR NC: 2025:KHC:23588 WP No. 18159 of 2025 In this context having gone through the petition filed U/S.144(1) and IA filed therein U/S.144(2) of BNSS before the said trial Court as well as documents produced in that case, at this juncture this revision Court, having taken cognizance of the avocation of the revision petitioner, feels that the said interim amount needs to be modified, till this revision petition is heard and disposed of on its merit, subject to the condition that the revision petitioner shall collect the bank account particulars of R- 1 with IFSC code and directly credit her bank account on or before 10th of every calender month by paying consolidated sum of Rs.4,000/- to both respondents. Subject to the satisfying of the above condition the order passed by the trial Court on 14-08-2024 would be stayed until further order. Office to call for TCR from the trial Court. Issue notices to the respondents by 07-10-2024"
5.
Upon reconsideration, re-appreciation and revaluation of the entire material on record, I am of the considered opinion that the impugned order passed by the revisional court dated 26.09.2024 in Crl.R.P.No.96/2024 cannot be said to suffer from any illegality or infirmity nor can the same be said to be perverse or capricious warranting interference by this court in the present
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HC-KAR NC: 2025:KHC:23588 WP No. 18159 of 2025 petition. Accordingly I do not find any merit in the writ petition and the same is dismissed. The revisional court is directed to dispose of the Criminal Revision Petition No.96/2024 as expeditiously as possible. Sd/- (S.R.KRISHNA KUMAR) JUDGE SD List No.: 1 Sl No.: 75 CT: BHK