- 1 - NC: 2025:KHC-D:5843 CRL.P No. 103400 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.103400 OF 2024 (407(Cr.PC)/447(BNSS)) BETWEEN: SHRI JAGADISH S/O. MALLIKARJUN LOKAPUR, AGE: 48 YEARS, OCC. PRIVATE JOB, R/O. TIGADI GALLI, BAILHONGAL-591102, TQ. BAILHONGAL, DIST. BELAGAVI. …PETITIONER (BY SRI BALAGOUDA A. PATIL, ADVOCATE) AND: 1. SMT.PREETI W/O. JAGADISH LOKAPUR, AGE: 46 YEARS, OCC. HOUSEHOLD WORK, R/O. SANSKRUTI LAYOUT, INFRONT OF SANSKRUTI GARDEN, ASHRAM ROAD, VIJAYPUR-586101, TQ. DIST. VIJAYAPUR. 2. KUMAR SRUJAN S/O. JAGADISH LOKAPUR, AGE: 14 YEARS, OCC. STUDENT, SINCE RESPONDENT NO.2 IS MINOR REP BY HIS NATURAL MOTHER RESPONDENT NO.1, …RESPONDENTS (R1- NOTICE SERVED; R2 IS MINOR REPRESENTED BY R1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 447 OF BNSS 2023, PRAYING TO ALLOW THIS PETITION BY TRANSFERRING CRI.MISC.NO.337/2024 WHICH IS FILED UNDER SECTION 144 OF BNS, 2023, PENDING ON THE FILE OF PRL.JUDGE FAMILY COURT, VIJAYAPUR, AND TRANSFER THE SAME TO BE TRIED BY JURISDICTIONAL COURT OF BAILHONGAL, BELAGAVI. V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.23 15:02:30 +0530 - 2 - NC: 2025:KHC-D:5843 CRL.P No. 103400 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard learned counsel for the petitioner Sri.Balagouda A. Patil. Respondent No.1 served with notice remained absent. Respondent No.2 is minor represented by first respondent. 2. Petition under Section 407 Cr.P.C. with the following prayer: ‘To allow this petition by transferring Cri.Misc.No.337/2024 which is filed under section 144 of BNS, 2023, pending on the file of Principal Judge Family Court, Vijayapur, and transfer the same to be tried by Jurisdictional Court of Bailhongal, Belagavi.” 3. Respondent No.1 filed a petition under Section 144 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’, for short) with a prayer to award maintenance in a sum of Rs.20,000/- - 3 - NC: 2025:KHC-D:5843 CRL.P No. 103400 of 2024 and sum of Rs.2,00,000/- towards the educational and other expenses of the 2nd respondent, on the file of the Family Court Vijayapura. 4. Respondent is served with notice and is contesting the said matter. In the meantime it is the apprehension of the petitioner that his visit to Vijayapura may result in threat to his life as there was already an assault that had taken place and he has suffered injury. A complaint also came to be lodged with the police and charge sheet came to be filed against the respondent. Therefore, he has sought for transfer of the said matrimonial case from the file of Family Court Vijayapura to Court at Bailhongala. Sri. Balagouda Patil, counsel submits that the petitioner is ready to bear the expenses of respondent if transfer is ordered. 5. Respondents though served with the notice, remained absent. - 4 - NC: 2025:KHC-D:5843 CRL.P No. 103400 of 2024 6. Prima facie material placed on record would support the contentions urged on behalf of the petitioner that there is a life threat to petitioner. 7. Taking note of the same, this Court is of the considered opinion that by directing the petitioner to pay a sum of Rs.1,000/- on all dates of hearing to the respondents towards the expenses for travelling of first respondent and an assistant on all dates of hearing, the request of the petitioner can be granted. 8. Accordingly, the following order: ORDER (i) Petition is allowed. (ii) Crl.Misc.No.337/2024 pending on the file of Prl. Judge, Family Court, Vijayapura is hereby withdrawn and assigned to *Principal Civil Judge and JMFC., Bailhongal for disposal in accordance with law, on the condition that petitioner shall pay sum of Rs.1,000/- as costs to be payable to the respondents on all dates of hearing. * Corrected vide Court Order dated 17.04.2025 Sd/- (VSNJ) JUDGE - 5 - NC: 2025:KHC-D:5843 CRL.P No. 103400 of 2024 (iii) Petitioner shall not in any way cause threat to the respondents whenever the respondents attend the Court at Bailhongala. SD/- (V.SRISHANANDA) JUDGE HMB CT:PA List No.: 1 Sl No.: 3