- 1 - HC-KAR NC: 2025:KHC-D:7503 CRL.P No. 100948 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 100948 OF 2025 (407 OF Cr.PC/447 OF BNSS) BETWEEN: SATISH GURULING @ GURULINGAPPA BEVANUR, AGE: 47 YEARS, OCC: BUSINESS AND AGRICULTURE, R/O. 1635/A, BARSHA BUILDING, 2ND MAIN, 10TH CROSS, SADASHIV NAGAR, BELAGAVI 590009. …PETITIONER (BY SHRI PRASHANT F. GOUDAR & SRI. SOURABH HEGDE, ADVS.) AND: 1. GEETA W/O. SATISH BEVANUR, AGE: 44 YEARS, OCC: HOUSEHOLD, R/O. 1635/A, VARSHA BUILDING, 2ND MAIN, 10TH CROSS, SADASHIV NAGAR, BELAGAVI-590009, PRESENTLY RESIDING AT VEERESHWAR NAGAR, MUDDEBIHAL-586212, VIJAYPUR DIST. 2. BHARATI D/O. GURULING @ GURULINGAPPA BEVANUR, W/O. SANGAMESH SUNKAPUR, AGED ABOUT 60 YEARS, OCC: HOUSEWIFE, R/O. 1635/A, VARSHA BUILDING, 2ND MAIN, 10TH CROSS, SADASHIV NAGAR, BELAGAVI-590009. 3. SUNIL GURULING @ GURULINGAPPA BEVANUR, AGE 47 YEARS, OCC: BUSINESS, R/O. 1635/A, VARSHA BUILDING, 2ND MAIN, 10TH CROSS, SADASHIV NAGAR, BELAGAVI-590009. …RESPONDENTS (BY SHRI ANAND ASHTEKAR, ADV. FOR R2 & R3; NOTICE TO R1 SERVED) THIS CRIMINAL PETITION IS FILED U/S.447 OF BNSS, PRAYING TO TRANSFER THE IMPUGNED PROCEEDING IN CRL.MISC. NO.616/2024 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC, MUDDEBIHAL VIDE ANNEXURE-A TO JMFC, BELAGAVI, IN THE ENDS OF PROMOTING JUSTICE. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:7503 CRL.P No. 100948 of 2025 THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard learned counsel for the petitioner. 2. The petitioner – husband is filed this petition under Section 447 of The Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS” for short) to transfer Crl.Misc.No.616/2024 pending on the file of learned Civil Judge and JMFC, Muddebihal to the JMFC Court, Belagavi. 3. Brief fact of the petitioner case is that, the marriage of petitioner and respondent was solemnized on 24.04.2018 at Kudalasangama. After the marriage the relationship of the petitioner and respondent No.1 was cordial and thereafter respondent No.1 left the company of petitioner and thereafter she filed Domestic Violence case against the petitioner and others in Crl.Misc.No.616/2024 before the learned Civil Judge and JMFC, Muddebihal. However, the petitioner is suffering from 100% visual - 3 - HC-KAR NC: 2025:KHC-D:7503 CRL.P No. 100948 of 2025 disability and he is struggling to continue day-to-day affairs. The visual disability is serious and traumatic in nature. Apart from visual disability, the petitioner also suffering from heart decease since recent past. Thus, he cannot move from Belagavi to Muddebihal to attend the Court proceedings and he needs support from others. Hence, he requested the Court to transfer the said case from learned Civil Judge and JMFC, Muddebihal to the JMFC Court, Belagavi for trial. 4. Perused the material available on record. The record reveals that, the petitioner is suffering from retinitis pigmentosa and thereby he has got 100% loss of vision to his both eyes. Thus, petitioner is unable to do any kind of work and he has lost working and earning capacity. Due to loss of 100% vision in both eyes, petitioner is depending on others for his day-to-day work and also for his livelihood. Further, the petitioner is not a position to travel from Belatavi to Muddebihal on all hearing dates. Hence, it is just and necessary to transfer Crl.Misc.No.616/2027 pending on the file of learned Civil Judge and JMFC, Muddebihal to the - 4 - HC-KAR NC: 2025:KHC-D:7503 CRL.P No. 100948 of 2025 JMFC Court, Belagavi. Accordingly, this Court proceed to pass the following: ORDER (i) The criminal petition is hereby allowed. (ii) Crl.Misc.No.616/2024 pending on the file of learned Civil Judge and JMFC, Muddebihal is transferred to JMFC Court, Belagavi. (iii) Learned Civil Judge and JMFC, Muddebihal is directed to send the entire case with duly indexed to the learned JMFC Court, Belagavi within a period of two weeks. In view of disposal of this petition, I.A.No.1/2025 does not survive for consideration accordingly the same is disposed of. Sd/- (VENKATESH NAIK T) JUDGE EM /CT-AN List No.: 1 Sl No.: 32