- 1 - NC: 2025:KHC:358 CRL.P No. 13170 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 13170 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: ANANTHARAJU M S/O GOPIRAPPA, AGED ABOUT 42 YEARS, R/AT H NO 9-40/5//1/A, SANJEEV REDDY COLONY, ARYA NAGAR, NIZAMABAD CITY, TELANGANA STATE – 503 001. …PETITIONER (BY SRI. A N RADHA KRISHNA.,ADVOCATE) AND: SMT CHANDINI M B W/O ANANTHARAJU M D/O BAASVARAJU D AGED ABOUT 27 YEARS R/OF KODIRANGANATHA SWAMY NILAYA, NEAR SOPHIA SCHOOL UPPARAHALLI, TUMKUR TOWN – 572 101. …RESPONDENT (BY SRI. VIJAYA KUMAR T M.,ADVOCATE) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 22.11.2024 PASSED BY THE LEARNED 1ST ADDL.PRL.JUDGE FAMILY COURT TUMKUR IN CRL.MISC.NO.214/2022 AND CONSEQUENTLY PERMIT THE PETITIONER/ HUSBAND FURTHER CROSS EXAMINE OF THE PW-1/ WIFE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:358 CRL.P No. 13170 of 2024 ORAL ORDER This petition by the husband in Crl.Misc.No.214/2012 filed by the respondent – wife on the file of I Addl.Prl.Judge, Family Court, Tumkur, is directed against the impugned order dated 22.11.2024, whereby the request of the petitioner to cross-examine the respondent (PW-1) was rejected by the trial court. 2. Heard learned counsel for the parties and perused the material on record. 3. A perusal of the material on record will indicate that the respondent – wife has instituted the aforesaid proceedings in Crl.Misc.No.214/2012 against the petitioner – husband who has entered appearance and is contesting the proceedings. The respondent having examined herself as PW-1, the matter was posted for cross-examination on 22.11.2024, on which date, the request of the petitioner for permission to cross-examine the respondent (PW-1) was declined by the Family court on the ground that the petitioner had not cleared all the arrears of maintenance alleged to be payable by the petitioner. Aggrieved by the impugned order dated 22.11.2024, the petitioner is before this Court by way of the present petition. - 3 - NC: 2025:KHC:358 CRL.P No. 13170 of 2024 4. On 05.12.2024, this Court passed the following interim order:- Issue emergent notice to respondent. Learned counsel for the petitioner is at liberty to serve on the counsel who represents the respondent in the trial proceedings. There shall be an interim order of stay of the impugned order subject to the condition that the petitioner would deposit Rs.50,000/- by the next date of hearing. List the matter on 07.01.2025 in the fresh matters list. 5. In view of the aforesaid interim order, learned counsel for the petitioner has handed over two Demand Drafts bearing Cheque No.963931 for a sum of Rs.20,000/- and No.963932 for a sum of Rs.30,000/- both dated 24.12.2024 drawn on State Bank of India, Tumkur Branch and learned counsel for the respondent acknowledges the receipt of the said Demand Drafts. 6. Though several contentions have been urged by both sides in support of their respective claims, having regard to the undisputed fact that the main petition in Crl.Misc.No.214/2022 is still pending adjudication before the trial court, without expressing any opinion on the merits / demerits of the rival contentions and by - 4 - NC: 2025:KHC:358 CRL.P No. 13170 of 2024 adopting a justice oriented approach, I deem it just and appropriate to dispose of this petition by setting aside the impugned order dated 22.11.2024 and permit the petitioner to cross-examine PW-1 on the shortest possible date to be fixed by the trial court, since the matter is said to be posted for hearing on 08.01.2025. It is further directed that upon completion of the evidence of respondent (PW- 1) and other witnesses, if any, petitioner shall also adduce evidence, if any, and the trial court shall dispose of the matter on or before 30.04.2025. 7. Subject to the aforesaid observations and directions, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.