- 1 - HC-KAR NC: 2025:KHC:39565 CRL.P No. 13221 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13221 OF 2025 BETWEEN: 1. V GOPAL S/O VENKATARAMANAPPA AGED ABOUT 35 YEARS, 2. VENKATARAMANAPPA S/O LATE VENKATASWAMY @ APPAJAPPA AGED ABOUT 70 YEARS, 3. SMT. MUNIYAMMA (DIED ON 16-04-2022) BOTH ARE RESIDING AT NO.3848 ROJIPURA, COURT ROAD, DODDABALLAPURA TOWN, BENGALURU RURAL DISTRICT, PIN CODE- 561 203. …PETITIONERS (BY SRI. V RAJAIAH., ADVOCATE) AND: SMT. LAKSHMI @ LAKSHMINARASAMMA. K. W/O V. GOPAL, D/O LATE KONAPPA, AGED ABOUT 35 YEARS, RESIDING AT CHOKKANAHALLI VILLAGE, MANDIKAL HOBLI, KAMMAGUTTAHALLI GRAM PACNHAYATH, CHIKKABALLAPURA TALUK AND DISTRICT, PIN CODE- 562 101. …RESPONDENT Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:39565 CRL.P No. 13221 of 2025 THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO SET ASIDE THE ORDER OF DISMISSAL DATED 25.04.2025 IN CRL.A.NO.49/2024 ON THE FILE OF THE HONBLE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT CHIKKABALLAPURA., AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Order passed by the learned JMFC at Gudibande dated 05.06.2024, in DVC No.1/2009, granting interim monthly maintenance of Rs.4,000/- and compensation of Rs.20,000/- to the respondent was challenged by the petitioners before the Court of District and Sessions Judge at Chikkaballapura in Crl.A.No.49/2024. The Learned Sessions Judge has dismissed the said appeal for non prosecution vide order dated 25.04.2025, on the ground that the appellants and their counsel were absent when the case was called. - 3 - HC-KAR NC: 2025:KHC:39565 CRL.P No. 13221 of 2025 2. The order sheet would disclose that on numerous occasions, the appellants/petitioners were absent before the Sessions Court, hence, the learned Sessions Judge having no other option has proceeded to dismiss the appeal. 3. The appeal is preferred under Section 29 of the Protection of Women from Domestic Violence Act, 2005, challenging the impugned order passed by the learned Magistrate awarding interim monthly maintenance and compensation to the respondent i.e., wife of the petitioner No.1. 4. In the facts and circumstances and to meet the ends of justice, petitioners can be given an opportunity to prosecute the appeal filed by them before the Sessions Court, however, on imposition of cost, payable to the respondent i.e., wife of petitioner No.1. Accordingly, the following:- - 4 - HC-KAR NC: 2025:KHC:39565 CRL.P No. 13221 of 2025 ORDER i) Order dated 25.04.2025 passed by the III Additional District and Sessions Judge, Chikkaballapura in Crl.A.No.49/2024, dismissing the appeal for non- prosecution is hereby set aside. ii) Appeal shall be restored to its file and the learned Sessions Judge shall dispose of the same in accordance with law. iii) Appellants shall deposit before the Sessions Court, cost of Rs.7,000/- (Rupees Seven Thousand only) on or before 24.10.2025, which shall be paid to respondent Smt. Lakshmi @ Lakshminarasamma. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 12