- 1 - NC: 2025:KHC:8411 WP No. 23793 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 23793 OF 2024 (GM-RES) BETWEEN: 1. SMT. YAMUNA SOGALADA @ SUPRITA D/O ASHOK DAADI W/O SIDDAPPA AGED ABOUT 24 YEARS 2. SADYOJATA SOLAGADA S/O SIDDAPPA AGED ABOUT 7 YEARS REPRESENTED BY HIS GUARDIAN MOTHER SMT YAMUNA SOGALADA BOTH PETITIONERS R/AT SHRI DURGA NILAYA TIMMA KATTE, KAPIKAD, HALEYANGADI KERMAL POT, MANGALORE TALUK DAKSHINA KANNADA – 574 146. …PETITIONERS (BY SRI. P.P. HEGDE, SENIOR ADVOCATE FOR SMT. RACHITHA RAJSHEKAR, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH SECRETARY HOME DEPARTMENT VIDHANA SOUDHA BANGALORE – 560 001. 2. CITY POLICE COMMISSIOENR BELAGAVI – 590 001. 3. COMMISSIONER OF POLICE MANGALORE DAKSHINA KANNADA 575 001. Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:8411 WP No. 23793 of 2024 4. SUPERINTENDENT OF POLICE BELAGUAM DISTRICT - 591 115. 5. INSPECTOR GENERAL OF POLICE KITTUR POLICE STATION BELAGUAM – 590 001. 6. MR SIDDAPPA SOGALAD S/O DURGAPAP SOGALAD AGED ABOUT 29 YEARS RA/T GUDIKOTBAGI VILLAGE KALABADI POST, KITTUR TALUK BELAGAVI DISTRICT – 591 115. …RESPONDENTS (BY SRI. THEJESH.P, HCGP FOR R-1 TO R-5 SMT. SOWMYA SRIDHAR, ADVOCATE FOR R-6) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONTITUTION OF INDIA, 1950 READ WITH SECTION 482 OF THE CPC, 1973, PRAYING TO DIRECT THE R-1 TO 5 TO EXECUTE THE FLW DTD 5.07.2023 ISSUED BY THE COURT OF CIVIL JUDGE AND JMFC, MOODBIDRI IN CRL. MISC NO. 34/2022 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC, MOODABIDRI VIDE ANNX-D. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners have sought for the following reliefs:- “1. Issue writ directing the Respondent No. 1 to 5 to execute the FLW dated 05/07/2023 issued by the Court of Civil Judge and JMFC, Moodbidri in Crl. Misc No.34/2022 pending on the file of Civil Judge and JMFC, Moodabidri vide Annexure 'D'. - 3 - NC: 2025:KHC:8411 WP No. 23793 of 2024 2. Issue appropriate writs/orders/directions laying guidelines for proper and swift enforcement and recovery of the order of maintenance passed by the Courts under Section 125 CrPC (and Sec 144 of BNSS) and Section 12 of the Protection of Women from Domestic Violence Act, 2005, including guidelines for recovery of the arrears of maintenance from the salary of the concerned respondents who are public/government servants employed with the Central/State Governments and their instrumentalities. 3. Issue appropriate writs or orders providing for the swift execution of the coercive orders including FLW, NBWs, etc issued by the Courts in execution proceedings initiated for recovery of arrears of maintenance passed by the Courts under Section 125 CrPC (and Sec 144 of BNSS) and Section 12 of the Protection of Women from Domestic Violence Act, 2005, including guidelines for execution of warrants against public/government servants employed with the Central/State Governments and their instrumentalities. 4. Issue appropriate writs or orders directing the Trial Court to dispose of the Crl. Misc No.34/2022 pending on the file of Civil Judge and JMFC, Moodbidri vide Annexure 'B' within the time limit fixed by this Hon'ble Court. 5. Grant such other reliefs/Orders/Directions that this Hon’ble Court deems fit in the facts and circumstances of the present case in the interest of justice and equity.” 2. The grievance of the petitioners in the present petition is that despite issuance of FLW, NBW and other coercive measures - 4 - NC: 2025:KHC:8411 WP No. 23793 of 2024 issued by the trial court in Crl.Mis.No.34/2022 filed by the petitioners against the 6th respondent, the said measures are not being enforced by respondents 1 to 5 – police authorities and as such, the petitioners are before this Court by way of the present petition. 3. Heard learned Senior counsel for the petitioners, learned HCGP for respondents 1 to 5 as well as learned counsel for 6th respondents and perused the material on record. 4. Learned HCGP for the respondents-State, on instructions, submits that respondents 1 to 5 would abide by the directions issued by this Court and take necessary steps to execute / implement and enforce the measures including the FLW, NBW issued by the trial court against the 6th respondent in accordance with law. 5. In view of the aforesaid facts and circumstances, I deem it just and appropriate to dispose of this petition by directing the respondents 1 to 5-police authorities to execute, enforce and implement the FLW, NBW and other coercive measures issued by - 5 - NC: 2025:KHC:8411 WP No. 23793 of 2024 the trial court in Crl.Misc.No.34/2022 in accordance with law against the 6th respondent within a period of one month from today. 6. Subject to the aforesaid directions, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.