- 1 - HC-KAR NC: 2025:KHC:37189 CRL.RP No. 408 of 2025 C/W CRL.RP No. 848 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL REVISION PETITION NO.408 OF 2025 (397(Cr.PC) / 438(BNSS)-) C/W CRIMINAL REVISION PETITION NO.848 OF 2025 (397(Cr.PC) / 438(BNSS)-) IN CRL.RP No.408/2025 BETWEEN: SRI. B. S. MUKUND, S/O B. S. SRINIVAS, AGED ABOUT 43 YEARS, RESIDING AT NO.53,16TH CROSS, 10TH MAIN, NEAR MES COLLEGE,MALLESWARAM, BENGALURU - 560 055 …PETITIONER (BY SRI. JAGADISH BALIGA N., ADVOCATE) AND: SMT. B. M. ROHINI, AGED ABOUT 41 YEARS, W/O B. S. MUKUND, RESIDING AT NO.4162, TOWER-4, PHOENIX ONE BENGALURU WEST APARTMENTS, DR. RAJKUMAR ROAD, BENGALURU - 560 010 …RESPONDENT (BY SRI. RAJESH MAHALE, SENIOR COUNSEL FOR MS. VAISHNAVI S., ADVOCATE) Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37189 CRL.RP No. 408 of 2025 C/W CRL.RP No. 848 of 2025 THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 CR.PC (FILED U/S 438 R/W 442 BNSS) PRAYING TO ALLOW THIS PETITION AND SET ASIDE THE JUDGMENT AND ORDER DATED 07.12.2024 IN CRL.A.NO.1303/2024 ON THE FILE OF THE LX ADDL. CITY CIVIL AND SESSIONS JUDGE BENGALURU (CCH-61) AND THERE BY RESTORE ORDER DATED 06.05.2024 PASSED ON I.A. NOS. I TO IV IN CRL.MISC.NO.178/2023 ON THE FILE OF THE METROPOLITAN MAGISTRATE, TRAFFIC COURT III AT BENGALURU, ETC IN CRL.RP NO.848/2025 BETWEEN: SMT. B. M. ROHINI, AGED ABOUT 41 YEARS, W/O B S MUKUND,R/AT NO. 4162, TOWER - 4, PHOENIX ONE, BENGALURU WEST, APARTMENTS, DR RAJKUMAR ROAD, BENGALURU – 560 010 ...PETITIONER (BY SRI. RAJESH MAHALE, SENIOR COUNSEL FOR MS. VAISHNAVI S., ADVOCATE) AND: SRI. B. S. MUKUND, S/O B. S. SRINIVAS, AGED ABOUT 43 YEARS, R/AT D.NO.53,16TH CROSS ROAD, 10TH MAIN, NEAR MES COLLEGE,MALLESHWARAM BENGALURU – 560 055. ...RESPONDENT (BY SRI. JAGADISH BALIGA N., ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:37189 CRL.RP No. 408 of 2025 C/W CRL.RP No. 848 of 2025 THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 CR.PC (FILED U/S 438 BNSS) BY PRAYING TO a) SET- ASIDE THE ORDER DATED 07.12.2024 PASSED BY THE LX ADDL. CITY CIVIL AND SESSIONS JUDGE BENGALURU (CCH-61) IN CRL.A NO.1303/2024 VIDE ANNEXURE-A; b) SET ASIDE THE ORDER DATED 06.05.2024 PASSED BY THE METROPOLITAN MAGISTRATE, TRAFFIC COURT III AT BENGALURU IN CRIMINAL MISC NO. 178/2023 VIDE ANNEXURE B AND;3. ALLOW THE IA Nos.1 to 4 ON CRL. MISC.178/2023 ON THE FILE OF M.M.T.C – 3 AT BENGALURU, FILED BY THE PETITIONER UNDER SECTION 23 R/W SECTION 19 (1)(a) & (d), SECTION 23 R/W SECTION 20(1)(b)(d), SECTION 23 R/W 19 (1)(a) & (2) AND SECTION 19 (1)(f) OF PWDV ACT PRAYING TO RESTRAINING THE RESPONDENTS FROM DISPOSSESSING OR DISTURBING THE POSSESSION OF THE PETITIONER FROM THE MATRIMONIAL HOME, DIRECT THE RESPONDENTS TO PAY INTERIM MAINTENANCE OF RS.2,00,000/- PER MONTH AND DIRECT THE RESPONDENT TO PERMIT THE PETITIONER AND HER CHILDREN TO RESIDE IN THE MATRIMONIAL HOME I.E., NO.53, 16TH CROSS, 10TH MAIN NEAR MES COLLEGE, MALLESWARAM, BENGALURU IN THE INTEREST OF JUSTICE AND EQUITY, ETC. THESE PETITIONS COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE - 4 - HC-KAR NC: 2025:KHC:37189 CRL.RP No. 408 of 2025 C/W CRL.RP No. 848 of 2025 ORAL ORDER Crl.R.P.No.408/2025 is filed by the petitioner/husband assailing the order passed by the Metropolitan Magistrate Traffic Court-III, Bengaluru in Criminal Misc. No.178/2023 and the order in Criminal Appeal No.1303/2024 on the file the LX Additional City Civil And Sessions Judge Bengaluru. 2. In terms of the order dated 06.05.2024, I.A.Nos.I to IV filed by the wife seeking relief under the provisions of the Protection of Women from Domestic Violence Act, 2005 was rejected. 3. The Trial court also directed the husband to pay the school expenses to the children, subject to the wife furnishing necessary documents relating to the school expenses. - 5 - HC-KAR NC: 2025:KHC:37189 CRL.RP No. 408 of 2025 C/W CRL.RP No. 848 of 2025 4. The said order is called in question by the wife in Crl.A.No.1303/2024. The appeal is allowed and in terms of the order impugned, the appellate court directed the husband to pay Rs.40,000/- per month as maintenance from the date of petition till the date of disposal of the proceeding by the trial court. 5. The petitioner-husband has filed Crl.R.P.No.408/2025 to set-aside the order of the appellate court and restore the order of the trial court. The wife has also filed petition in Crl.R.P.No.848/2025 seeking enhancement of the monthly maintenance. 6. Heard the learned counsel for the husband and learned Senior Counsel for the wife. 7. The learned counsel for the husband would submit that the wife is not entitled to any maintenance as she has already received Rs.1 Crore from the husband and the said amount is transferred to the account of wife's brother and her brother is paying Rs.1 lakh per month - 6 - HC-KAR NC: 2025:KHC:37189 CRL.RP No. 408 of 2025 C/W CRL.RP No. 848 of 2025 towards interest on the Rs.1 Crore transferred by the wife to the account of her brother. Thus it is urged that the wife is self-sufficient and not entitled to any monthly maintenance. It is also urged that two minor children are with the wife, however, the husband is taking care of the school expenses of the children in terms of the directions issued by the trial court and there is no justification for the Appellate Court to award a monthly maintenance of Rs.40,000/- per month. 8. Learned Senior Counsel appearing for the wife would submit that the contention that Rs.1 crore is paid by the wife to her brother is an incorrect submission and no such amount is transferred. It is also urged that even according to the husband, the wife has lent Rs.1 Crore loan to her brother and the brother is repaying the said amount by paying Rs.1 lakh per month and in that event, it cannot be said that the wife is capable of maintaining herself. - 7 - HC-KAR NC: 2025:KHC:37189 CRL.RP No. 408 of 2025 C/W CRL.RP No. 848 of 2025 9. Learned counsel for the petitioner submits that the husband has paid the amount in terms of the order passed by the Appellate Court. Learned Senior Counsel for the respondent would submit that he has no instructions in this regard. 10. This Court has considered the contentions of the learned counsel and perused the records. 11. Admittedly, the husband and wife are before this Court assailing the order granting interim maintenance. It is stated that the trial has commenced before the trial court and because the records are secured by this Court, there is no progress in the proceedings before the trial court. 12. Since the court below has passed only an interim order to pay the maintenance to the wife, this Court is of the view that the said order should not be misconstrued as having expressed any opinion on the merits of the claim of either the husband or the wife. - 8 - HC-KAR NC: 2025:KHC:37189 CRL.RP No. 408 of 2025 C/W CRL.RP No. 848 of 2025 13. The interim order granted by the Appellate Court is capable of modification and the trial court is not bound by the order passed by the Appellate Court. 14. Based on the evidence, the claim for maintenance may either be rejected or granted and Rs.40,000/- maintenance ordered to be paid by the appellate court should not be construed as an indication of the entitlement of the wife or the liability of the husband. 15. Under these circumstances, in exercise of jurisdiction under Section-397 of Code of Criminal Procedure, this Court is not inclined to interfere with the impugned order. 16. The trial court shall proceed to decide the case, based on the evidence led by the parties, without being influenced by any of the observation made by the Appellate Court. - 9 - HC-KAR NC: 2025:KHC:37189 CRL.RP No. 408 of 2025 C/W CRL.RP No. 848 of 2025 17. It is also made clear that this Court has not opined anything on the claim of the parties and all the contentions of the parties are kept open to be decided by the trial Court. 18. Petitions are allowed in part. 19. Registry to send back the records to the concerned trial court. Both the parties shall co-operate for early disposal of the petition. SD/- (ANANT RAMANATH HEGDE) JUDGE JJ List No.: 2 Sl No.: 2