- 1 - HC-KAR NC: 2025:KHC:20163 CRL.P No. 13479 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL PETITION NO. 13479 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: AUSTIN WILSON SHIRI S/O GLADSON IMMANUEL SHIRI AGED ABOUT 50 YEARS R/AT CSI SA DAY MEMORIAL CHURCH THILAK NAGAR, MYSORE – 5700 021 …PETITIONER (BY SMT.URMILA PULLAT, ADV.) AND: 1. STATE OF KARNATAKA BY UDUPI TOWN POLICE STATION REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560 001 2. RENIRA SHIRI AGED ABOUT 42 YEARS D/O B S D’SILVA W/O AUSTIN WILSON SHIRI 3. MASTER RISHON SHIRI AGED ABOUT 14 YEARS (MINOR) 4. KUMARI ANGEL AGED ABOUT 7 YEARS (MINOR) RESPONDENTS 3 AND 4 ARE MINOR CHILDREN OF R-1 AND REP. BY R-1 NATURAL GUARDIAN, ALL ARE R/AT R-2 TO R4, #2-115 A, SUN RAYS Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20163 CRL.P No. 13479 of 2024 UDDINAHITHLU, THNKANIDIYOOR KRODHASHRAMA POST, UDUPI – 576 106 …RESPONDENTS (BY SMT. HALEEMA AMEEA, ADV. FOR R2-R4; SMT. WAHEEDA M.M., HCGP FOR R1) THIS CRL.P. FILED U/S. 482 (FILED UNDER SECTION 528 BNNS) CR.P.C. PRAYING TO SET ASIDE THE NBW ISSUED VIDE ORDER DATED 24.10.2024 BY THE I ADDL. CIVIL JUDGE AND JMFC UDUPI IN CRL. MISC. NO.7/2023. THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED ON 22.05.2025, COMING ON FOR PRONOUNCEMENT OF ORDER, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: HON'BLE MR JUSTICE S RACHAIAH CAV ORDER 1. The petitioner is before this Court being aggrieved by the order dated 24.10.2024 seeking to set aside the NBW issued against him in Crl.Misc.7/2023. 2. Respondents No.2 to 4 filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 against the petitioner in Crl.Misc.No.101/2018 on the file of Additional Civil Judge and JMFC, Udupi. The Trial Court vide its order dated 14.12.2022 allowed the said application in part and directed the petitioner to pay Rs.8,000/- per month to the wife and Rs.2,000/- each to respondent Nos.3 and 4. In addition to that, - 3 - HC-KAR NC: 2025:KHC:20163 CRL.P No. 13479 of 2024 compensation of Rs.3,00,000/- was to be paid to respondent No.1. 3. On 04.02.2023, respondent Nos.2 to 4 filed an application under Section 125(3) r/w 421 of Cr.P.C. before the I Additional Civil Judge and JMFC, Udupi in Crl.Misc. No.7/2023 alleging that the petitioner has paid a total sum of Rs.1,35,000/- towards the maintenance and the balance of Rs.7,25,000/- to be paid to them and also prayed to issue a fine levy warrant against the petitioner for the purpose of recovery of maintenance. 4. Pursuant to the order of the Trial Court, the petitioner was arrested and he was sent to judicial custody. Thereafter, the petitioner paid Rs.25,000/- on 07.08.2024 and got the NBW recalled. Thereafter, he paid Rs.40,000/- on 25.09.2024. As such, he paid a total amount of Rs.1,35,000/-. However, as the petitioner has failed to comply the order of the Trial Court, on 24.10.2024, NBW was issued against the petitioner. Therefore, he is seeking to set aside the NBW. - 4 - HC-KAR NC: 2025:KHC:20163 CRL.P No. 13479 of 2024 5. Heard Smt.Urmila Pullat, learned counsel for the petitioner and Smt.Haleema Ameen, learned counsel for the respondent Nos.2 to 4 and Smt.Waheeda M.M, learned High Court Government Pleader for respondent No.1 – State. 6. It is the submission of learned counsel for the petitioner that even though the petitioner has been paying the monthly maintenance regularly, the Trial Court issued NBW without following the procedure as contemplated under Sections 125(3) and 421 of Cr.P.C, which is liable to be set aside. 7. It is further submitted that the petitioner is not in a position to pay the amount as raised by the Trial Court. Therefore, the order of issuance of NBW has to be recalled in view of considering the financial status of the petitioner. 8. Having heard the learned counsel for the respective parties and also perused the findings of the Trial Court, the Trial Court in its order opined that the petitioner was running a Dhaba at Bengaluru having income of more - 5 - HC-KAR NC: 2025:KHC:20163 CRL.P No. 13479 of 2024 than Rs.75,000/- per month. Therefore, he is liable to pay the maintenance as awarded by the Trial Court. 9. Be that as it may, the petitioner herein has approached this Court seeking to set aside the NBW issued against him for not paying the maintenance. Having considered the facts and circumstances of the case, I am of the considered opinion that the petitioner has not made out a case to interfere with the NBW issued against the petitioner. Hence, the petition deserves to be dismissed. Ordered accordingly. SD/- (S RACHAIAH) JUDGE UN List No.: 1 Sl No.: 72