Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:25770 CRL.P No. 6763 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA CRIMINAL PETITION NO. 6763 OF 2025 BETWEEN:
MRS. RANJITHA M J W/O. MR. MANJUNATH AGED ABOUT 44 YEARS PERMANENT RESIDENT OF NO.346, 10TH CROSS, EWS, KUVEMPU NAGAR, HASSAN - 573201 PRESENTLY R/AT SISTER'S HOUSE #10075, 10TH TOWER, 7TH FLOOR, 2ND WING, PRESTIGE ROYAL GARDEN APARTMENT, AVALAHALLI, YELAHANKA, BENGALURU - 560064 …PETITIONER (BY SRI. VIJAY KUMAR T., ADVOCATE) AND:
1. MR.MANJUNATH S/O. SIDDAIAH M.S.
AGED ABOUT 45 YEARS,
Digitally signed by NANDINI B G Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:25770 CRL.P No. 6763 of 2025
2.
MR. SIDDAIAH M.S., S/O. SIDDAIAH, AGED ABOUT 72 YEARS,
3.
MRS. SAVITHRAMMA, W/O. SIDDAIAH M.S.
AGED ABOUT 67 YEARS,
ALL RESPONDENTS R/AT:#669, NEMMADI, 14TH CROSS, 3RD STAGE, 2ND MAIN ROAD, GOKULAM, MYSURU - 570 002 …RESPONDENTS (R1 TO R3 - SERVED)
THIS CRL.P IS FILED U/S 407 CR.PC (FILED U/S 447 BNSS) PRAYING TO TRANSFER THE CASE IN CRL.MISC/318/2023, WHICH IS PENDING ON THE FILE OF HONBEL COURT OF II A.C.J.M AT BENGALURU TO THE COURT OF IV ADDL.CIVIL JUDGE AND J.M.F.C AT HASSAN.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE M G UMA
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HC-KAR NC: 2025:KHC:25770 CRL.P No. 6763 of 2025
ORAL ORDER The petitioner has filed this petition under Section 447 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking transfer of Crl.Misc.No.318/2023 pending on the file of the II Additional Chief Judicial Magistrate, Bengaluru to the Court of IV Additional Civil Judge and J.M.F.C., Hassan, in the interest of justice.
2. Heard Sri. Vijay Kumar T., learned counsel for the petitioner. Respondent Nos.1 to 3 remained unrepresented even after service of notice. Perused the materials on record.
3. In view of the rival contentions urged by the
learned counsel for both the parties, the point that would arise for my consideration is:
"Whether the petitioner has made out any ground to allow the petition?"
My answer to the above point is in the 'Affirmative' for the following:
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HC-KAR NC: 2025:KHC:25770 CRL.P No. 6763 of 2025
REASONS
4. It is the contention of the petitioner that she had married respondent No.1 and their marriage was solemnized on 02.12.2020 at Hassan. Since she was subjected to cruelty and was thrown out of the matrimonial home on 07.12.2021, she came and started residing in Bengaluru.
She filed Crl.Misc.No.318/2023 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (D.V. Act), which is still pending for evidence of the petitioner before the Trial Court.
5. It is the contention of the petitioner that in the meantime, respondent No.1 had filed M.C.No.84/2024 seeking restitution of conjugal rights and the said petition is pending before the I Additional Family Court at Hassan. In the meantime, the petitioner shifted her residence to Hassan and she is residing there. Since the petitioner is residing in Hassan and respondent No.1 had filed M.C.No.84/2024, which is pending consideration before the Family Court at Hassan, the petitioner is seeking transfer of Crl.Misc.No.318/2023 to the Court at Hassan.
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HC-KAR NC: 2025:KHC:25770 CRL.P No. 6763 of 2025
6. The respondents even though served have not appeared before the Court to oppose the petition. When it is stated that the marriage between the parties was solemnized at Hassan and that, respondent No.1 had filed M.C.No.84/2024 seeking restitution of conjugal rights which is pending before I Additional Family Court at Hassan, and also when it is the contention of the petitioner that she has shifted her residence to Hassan, I am of the opinion that the ends of justice would be met if Crl.Misc.No.318/2023 pending before the Court of II Additional Chief Judicial Magistrate, Bengaluru is ordered to be transferred to the Court of IV Additional Civil Judge and J.M.F.C., at Hassan.
7. In view of the discussions held above, I proceed to pass the following:
ORDER
i) The Criminal Petition is allowed; ii) Crl.Misc.No.318/2023 now pending before the II Additional Chief Judicial Magistrate, Bengaluru Rural is ordered to be transferred to the Court of IV Additional Civil Judge and J.M.F.C., at Hassan
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HC-KAR NC: 2025:KHC:25770 CRL.P No. 6763 of 2025
(having jurisdiction over the matter) for disposal, in accordance with law.
Sd/- (M G UMA) JUDGE
KG List No.: 1 Sl No.: 26