- 1 - HC-KAR NC: 2025:KHC:24863 CRL.P No. 8715 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 8715 OF 2025 BETWEEN: 1. SRI KRISHNA MURTHY S S/O LATE SRINIVASA MURTHY G AGED ABOUT 52 YEARS 2. SRI GURUDATH @ ANIL S/O LATE SRINIVASA MURTHY G AGED ABOUT 50 YEARS PETITIONER NO.1 AND 2 ARE RESIDING AT NO. 24, KITTAGANAHALLI VILLAGE, HENNAGARA MAIN ROAD, ATTIBELE HOBLI, ANEKAL TALUK, BOMMASANDRA INDUSTRIAL AREA POST, BENGALURU - 560 099. 3. SMT. DEEPTHI S, W/O SRI NAGESH, AGED ABOUT 55 YEARS, 4. SRI. NAGESH S/O LT SUBRAMANYA AGED ABOUT 58 YEARS, PETITIONER NO.3 AND 4 ARE RESIDENTS OF NO. 404, Digitally signed by KAVYA G Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24863 CRL.P No. 8715 of 2025 "SKANDA", 3RD MAIN ROAD, SINDHUNADI ROAD, SRINAGARA PIPELINE ROAD, BENGALURU - 560 050. …PETITIONERS (BY SRI. S. VENKATESH SHASTRY, ADVOCATE) AND: SMT. UMA M.G, W/O SRI. KRISHNAMURTHY S, AGED ABOUT 47 YEARS, R/AT NO. 83, 3RD MAIN, OPP TO BWWSB WATER TANK, KENGERI SATELLITE TOWN, BENGALURU - 560 060. …RESPONDENT (BY SRI. G. SUKUMARAN, ADVOCATE) *** THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH/SET ASIDE THE ORDER DATED 05.05.2025 PASSED BY THE LEARNED LXVIII ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-69) IN CRIMINAL APPEAL NO.1036/2024 AND TO PASS SUCH OTHER ORDERS AND TO ISSUE DIRECTIONS AS THIS HON'BLE COURT WOULD DEEM IT FIT TO BE PASSED IN THE LIGHT OF FACTS AND CIRCUMSTANCES OF THE CASE. THIS CRL.P., COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:24863 CRL.P No. 8715 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the husband and his family members in Criminal Appeal No.1036/2024 is directed against the impugned order dated 05.05.2025, whereby the appeal filed by the respondent/wife aggrieved by the order dated 18.04.2024 passed in Crl.Misc.82/2024 by the learned Magistrate was allowed by the first appellate Court. 2. Heard the learned counsel for the petitioners and learned counsel for respondent/wife. 3. A perusal of the entire material on record will indicate that the respondent/wife filed the instant proceedings in Crl.Misc.No.82/2024 against the petitioners under Section 12 of the Protection of Women from Domestic Violence Act, 2025. In the said proceedings, by order dated 18.04.2024, the learned Magistrate ordered to delete the names of respondents No.2 to 4 from the proceedings which was assailed by the respondent/wife - 4 - HC-KAR NC: 2025:KHC:24863 CRL.P No. 8715 of 2025 before the Sessions Court in the instant Criminal Appeal No.1036/2024. Petitioners having entered appearance did not contest the matter thereby culminating in the impugned order, which is assailed in this petition. 4. Learned counsel for the petitioners submits that due to bona fide reasons, unavoidable circumstances and sufficient cause, the petitioners could not contest the proceedings before the first appellate Court and as such the impugned order may be set aside and the matter may be remitted back to the first appellate Court for reconsideration afresh after providing one more opportunity to the petitioners. 5. Per contra, learned counsel for the respondent/wife submits that he has no objection for the petition to be allowed and the impugned order to be set aside, subject to imposing certain conditions upon the petitioners and directing the first appellate Court to reconsider the appeal and dispose of the same within the stipulated time-frame. - 5 - HC-KAR NC: 2025:KHC:24863 CRL.P No. 8715 of 2025 6. In view of the aforesaid facts and circumstances, I deem it just and appropriate to set aside the impugned order and remit the matter back to the Sessions Court for reconsideration of the appeal afresh, in accordance with law. 7. Accordingly, I pass the following: i. Petition is hereby allowed; ii. The impugned order dated 05.05.2025 passed by the learned LXVIII Additional City Civil and Sessions Judge, Bengaluru City (CCH-69), in Criminal Appeal No.1036/2024 is hereby set aside; iii. Matter is remitted back to the Sessions Court for reconsideration afresh and to pass appropriate orders in accordance with law, within a period of one month from 21.07.2025; iv. The petitioners and respondent shall appear before the Sessions Court on - 6 - HC-KAR NC: 2025:KHC:24863 CRL.P No. 8715 of 2025 21.07.2025, without awaiting further notice from the Sessions Court. v. Petitioner No.1 is directed to pay a sum of `25,000/- to the respondent as one time measure which shall be adjusted at the time of the first appellate court passing the final orders. vi. It is made clear that the first appellate Court shall dispose of the appeal, in accordance with law, within a period of one month from 21.07.2025. All rival contentions of both the parties and other aspects are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMV* List No.: 1 Sl No.: 5 CT: BHK