- 1 - HC-KAR NC: 2025:KHC:29263 CRL.P No. 10975 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO.10975 OF 2025 BETWEEN: 1. SMT.VINUTHA B S D/O SUBBEGOWDA W/O P. RAJU AGED ABOUT 33 YEARS 2. SUMAN GOWDA S/O P. RAJU AGED ABOUT 13 YEARS 3. LIKITH GOWDA S/O P. RAJU AGED ABOUT 13 YEARS THE PETITIONER NOS.2 AND 3 ARE BEING MINORS, REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER I.E., 1ST PETITIONER HEREIN ALL ARE RESIDING AT BELAKERE VILLAGE MALURU HOBLI CHANNAPATNA TALUK RAMANAGARA DISTRICT-562160 …PETITIONERS (BY SRI.VIJAY KUMAR T, ADVOCATE) AND: 1. SRI.P.RAJU S/O PUTTASWAMIGOWDA AGED ABOUT 42 YEARS Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29263 CRL.P No. 10975 of 2025 2. SRI.PUTTASWAMIGOWDA S/O CHANNEGOWDA AGED ABOUT 69 YEARS 3. SMT.CHIKKATHAYAMMA W/O PUTTASWAMIGOWDA AGED ABOUT 59 YEARS 4. SMT.VENKATALAKSHMAMMA S/O. PUTTASWAMIGOWDA AGED ABOUT 59 YEARS THE RESPONDENT NOS.1 TO 4 ARE R/AT BRAMHANIPURA VILLAGE LALAGHATTA POST KASABA HOBLI CHANNAPATNA TALUK RAMANAGARA DISTRICT-562160 5. SMT.BHAGYA W/O SHIVAKUMAR V.L AGED ABOUT 39 YEARS 6. SRI.SHIVAKUMAR V L S/O LINGARAJEGOWDA AGED ABOUT 44 YEARS THE RESPONDENT NOS.5 AND 6 ARE R/AT NO.30242, SATHANURU ROAD BESIDE MAHADESHWARA TEMPLE SUNNAGHATTA CHANNAPATNA TOWN RAMANAGARA DISTRICT-562138 …RESPONDENTS THIS CRL.P IS FILED U/SEC.482 (FILED U/S.528 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT - 3 - HC-KAR NC: 2025:KHC:29263 CRL.P No. 10975 of 2025 THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE IMPUGNED ORDER DATED 09.02.2024 PASSED BY THE COURT OF PRL.DIST. AND SESSIONS JUDGE, RAMANAGARA IN CRL.A NO.9/2024 ON I.A NO.1 U/S 29 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 FILED BY THE RESPONDENT NOS.2 TO 4 IN STAYING THE OPERATION AND EXECUTION OF ORDER PASSED BY THE LEARNED PRL.CIVIL JUDGE AND JMFC, CHANNAPATNA IN CRL.MISC. NO.60/2021 DATED 30.01.2024, VIDE ANNEXURE F, CONSEQUENTLY DISPOSE THE I.A NO.1 FILED BY THE RESPONDENT NO.2 TO 4 U/S 29 OF THE D.V ACT AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This Criminal Petition is filed by the wife and children of respondent No.1 assailing the order dated 09.02.2024 passed by the Appellate Court – Principal District and Sessions Judge in an appeal filed in Crl.A.No.9/2024 under Section 29 of the Protection of Women from Domestic Violence Act, 2005 challenging the maintenance and right of residence granted by the learned Magistrate. - 4 - HC-KAR NC: 2025:KHC:29263 CRL.P No. 10975 of 2025 2. The petitioner’s primary grievance is that the interim order granted on 09.02.2024 is extended from time to time. Petitioner No.1 claimed that in view of the order granted by the Appellate Court, the petitioner’s right seeking residence by implementing order passed by the learned Magistrate providing accommodation to petitioner Nos.1 to 3 to reside in a portion of three storied building situated at Khaneshumari Nos.328/324/302/4 ward No.31, Archakarahalli Village, Ramanagara Taluk is kept in abeyance. Therefore, the Appellate Court has stayed the order passed by the learned Magistrate in Criminal Miscellaneous No.60/2021. 3. Heard leaned counsel appearing for the petitioners. 4. This Court has perused the order sheet in Criminal Miscellaneous No.60/2021, whereby respondent No.1 has been directed to pay monthly maintenance of Rs.6,000/- - 5 - HC-KAR NC: 2025:KHC:29263 CRL.P No. 10975 of 2025 to petitioner No.1 – wife and Rs.3,000/- each to petitioner Nos.2 and 3 – minor children. 5. On a further examination of the records in Criminal Appeal No.9/2024 before the Appellate Court, it is evident that respondent No.1 – husband has been making certain payments. The order sheet dated 18.06.2024 reflects that respondent No.1 has deposited a sum of Rs.40,000/- towards school fees, and a further amount of Rs.25,000/- has been paid on 16.07.2024 for the same purpose. However, the records also disclose that there are outstanding arrears of maintenance that remain unpaid by respondent No.1. 6. While this Court does not find it necessary to interfere with the impugned order at this stage, it is of the view that the matter requires expeditious consideration. Notably, the right of residence granted to the petitioners by the learned Magistrate in Criminal Miscellaneous No.60/2021 has been stayed by the Appellate Court, - 6 - HC-KAR NC: 2025:KHC:29263 CRL.P No. 10975 of 2025 thereby depriving petitioner No.1 and her minor children of residential protection. In these circumstances and to meet the ends of justice, this Court deems it appropriate to direct the Appellate Court to dispose of Criminal Appeal No.9/2024 at the earliest, bearing in mind that petitioner No.1 - the mother of the minor children had been granted right of residence in the property bearing Khaneshumari Nos.328/324/302/4, Ward No.31, Archakarahalli Village, Ramanagara Taluk. Accordingly, this Criminal Petition is allowed in part. The Appellate Court is directed to dispose of Criminal Appeal No.9/2024 expeditiously, and in any event, within an outer limit of three months from the date of receipt of a certified copy of this order. Pending applications are also disposed off. SD/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 20