Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:44365 CRL.P No. 12447 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12447 OF 2025 BETWEEN:
SMT. HARSHITA LINGADAHALLI, W/O MANJUNATH D. K., AGED ABOUT 29 YEARS, RESIDING AT HOUSE NO.39, 2ND CROSS, KALIDASA BADAVANE, PURDAL ROAD, GADIKOPPA, SHIVAMOGGA – 577 201. …PETITIONER (BY SRI. RAVI H. K., ADVOCATE) AND:
1.
MANJUNATH D. K., S/O SRI. KENCHAPPA D., AGED ABOUT 35 YEARS,
2.
KENCHAPPA D., AGED ABOUT 71 YEARS, S/O GULYAPPA, RETIRED CIVIL SERVANT,
3.
SMT. HEMALATHA B. G., AGED ABOUT 63 YEARS, W/O SRI. KENCHAPPA, D.ANGANAVADI TEACHER AT ABBALAGERE,
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:44365 CRL.P No. 12447 of 2025
RESPONDENT NOS.1 TO 3 ARE RESIDING AT NO.61, 1ST CROSS, 1ST MAIN, ’B’ BLOCK, RATHNAGIRI NAGARA, OPP: TOBACCO BOARD, ABBALAGERE VILLAGE, SAVLANGA ROAD, SHIVAMOGGA – 577 225.
4.
SMT. YASHASWINI ANAND, AGED ABOUT 39 YEARS, LECTURER, W/O ANAND, HAVING HER ADDRESS AT LECTURER DON BOSCO COLLEGE, KUMBALAGODU, BENGALURU – 560 074.
5.
SIDDAPPA D., AGED ABOUT 56 YEARS, S/O SRI GULYAPPA, DEPUTY CHIEF ELECTRICAL INSPECTOR AT DEPARTMENT OF ELECTRICAL INSPECTORATE, R/O NO.25, SHUBHASHANKARA NIVASA, 1ST CROSS, GROUND FLOOR, L.B.S NAGARA, SHIVAMOGGA – 577 204.
6.
SMT. ROOPA SIDDAPPA, AGED ABOUT 49 YEARS, W/O SIDDAPPA D., HOUSE WIFE, R/O NO.25,
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HC-KAR NC: 2025:KHC:44365 CRL.P No. 12447 of 2025
SHUBHASHANKARA NIVASA, 1ST CROSS, GROUND FLOOR, L.B.S NAGARA, SHIVAMOGGA – 577 204.
7. ANANDAPPA, AGED ABOUT 77 YEARS, FATHER NAME IS NOT KNOWN TO THE PETITIONER, AGRICULTURIST, R/O NO.NAVULE, SAVLANGA ROAD, SHIVAMOGGA. …RESPONDENTS (BY SRI. PRITHVIRAJ SHASTRY G., ADVOCATE FOR SRI. BALAKRISHNA SHASTRY G., ADVOCATE FOR R1 TO R5(P/H))
THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO ISSUE A DIRECTION TO THE LEARNED 5TH ADDL. CIVIL JUDGE AND JMFC, SHIVAMOGGA TO TRY AND DISPOSE CRL.MISC NO.1564/2021 EXPEDITIOUSLY WITHIN A TIME FRAME AS DEEMED APPROPRIATE BY THIS HONBLE COURT AND PASS SUCH OTHER ORDER OR DIRECTIONS AS THIS HON'BLE COURT MAY DEEM FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:44365 CRL.P No. 12447 of 2025
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Petitioner is before this Court with a limited prayer, to direct the Trial Court to dispose of Criminal Miscellaneous No.1564/2021 expeditiously within a time frame.
2. The petitioner herein filed a petition under Section 12 of the Protection of Women from Domestic Violence Act,
2005. The said petition was filed on 21.12.2021. The material on record reveals that after service of summons, respondent No.1 entered appearance and filed the objection to the petition. The Trial Court has ordered to pay an interim maintenance of Rs.3,000/- per month vide order dated 31.07.2023, to be paid till disposal of the petition.
3. The matter has been pending for cross-examination of PW.1, however, in the meanwhile, the petitioner has filed an application under Section 340(1) of Cr.P.C. seeking initiation of
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HC-KAR NC: 2025:KHC:44365 CRL.P No. 12447 of 2025
perjury proceedings against respondent No.1 for having made false statement on oath, which is also pending for hearing.
4. Before the trial Court, the respondents have prayed time for hearing on the application filed under Section 340(1) of Cr.P.C. In fact, the learned counsel appearing for the respondents would submit that they are ready to go on with the matter before the Trial Court.
5. As per the petitioner, prolonged pendency of the case before the Trial Court would defeat the very object and purpose of the Act. Since the respondents are ready to go on with the matter before the Trial Court, learned Magistrate shall make an endeavour to expedite the trial and conclude the same as expeditiously as possible.
Petition is disposed of.
Sd/- (MOHAMMAD NAWAZ) JUDGE CBC List No.: 1 Sl No.: 34 CT:SS