- 1 - HC-KAR NC: 2025:KHC:40061 CRL.P No. 12988 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12988 OF 2024 BETWEEN: MR. VISHWANATH S/O NAGARAJU, AGED ABOUT 36 YEARS, R/AT MASTHENAHALLI VILLAGE, HENNAGARA POST, JIGANI HOBLI, ANEKAL TALUK, BENGALURU RURAL DIST - 560 105. …PETITIONER (BY SRI. BALAKRISHNA M R.,ADVOCATE) AND: SMT. MANGALA W/O VISHWANATH, (UNDER DISPUTE) D/O CHANNANAYAKA, AGED ABOUT 38 YEARS, RESIDING AT: BASKARACHARI BUILDING, 1ST FLOOR, OPP. PF OFFICE, 8TH CROSS, SINGASANDRA, BENGALURU - 560 068. …RESPONDENT (BY SRI. V VISWANATH SETTY.,ADVOCATE) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DTD 05.07.2024 PASSED BY THE HONBLE IV ADDL. CIVIL JUDGE AND JMFC, ANEKAL, BENGALURU RURAL DISTRICT, IN CRL.MISC.NO.877/2024 GRANTING INTERIM MAINTENANCE OF RS.5,000/- TO THE Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:40061 CRL.P No. 12988 of 2024 RESPONDENT U/S 23(2) OF D.V ACT, UNTILL FURTHER ORDERS FROM THE DATE OF PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner/husband has preferred this petition praying to set aside the order dated 05.07.2024, passed by the IV Additional Civil Judge and JMFC, Anekal, Bengaluru Rural District, in Crl.Misc.No.877/2024. 2. Heard the respective parties and perused the material on record. 3. The challenge to the impugned order is made on the notion that the said order is passed granting interim maintenance to the respondent. A perusal of the impugned order goes to show that the said order is passed directing the petitioner herein to pay a sum of Rs.5,000/- per month towards interim rent. Hence, the contention of the learned counsel for the petitioner that the respondent has obtained the said order, suppressing the fact that an - 3 - HC-KAR NC: 2025:KHC:40061 CRL.P No. 12988 of 2024 interim maintenance of Rs.5,000/- was already awarded to the respondent and therefore, such an order, once again directing a sum of Rs.5,000/- to be paid is erroneous etc. cannot be accepted, not withstanding the fact that both the proceedings, one initiated before the learned Magistrate under Section 125 of Cr.P.C., seeking maintenance and another under Section 12 of the Protection of Women from Domestic Violence Act, 2005, (for short 'the Act') seeking various other relief are pending consideration. 4. In the petition filed under Section 12 of the Act, there is a prayer seeking a direction to the petitioner to pay rent for the house for a separate residence of the respondent (wife) at the rate of Rs.10,000/- per month, etc. The learned Magistrate thought it fit to direct the petitioner(husband) herein to pay an interim rent of Rs.5,000/- per month till further orders, from the date of petition. - 4 - HC-KAR NC: 2025:KHC:40061 CRL.P No. 12988 of 2024 5. Under Section 19(f) of the Act, the Court can direct the respondent to secure alternative accommodation for the aggrieved person or to pay rent for the same, if the circumstances so required. During pendency of the proceedings such an interim order, can be passed under Section 23(2) of the Act. Further, under Section 25 of the Act, the learned Magistrate has got power to alter, modify or revoke any order, if there is change in the circumstances. In that view of the matter, there is no illegality committed by the learned Magistrate. 6. Petition is dismissed. The learned Magistrate shall expedite the proceedings. 7. I.A.No.1/2024 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 22