- 1 - HC-KAR NC: 2025:KHC:44678 CRL.P No. 9829 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 9829 OF 2025 (407(Cr.PC) / 447(BNSS)) BETWEEN: 1. SMT. VIJAYA KUMARI W/O SHIVALINGAIAH AGED ABOUT 64 YEARS PRESENTLY R/A. No.689, GROUND FLOOR, EWS 4TH PHASE YELAHANKA, BENGALURU - 560 064. EARLIER THE PETITIONER WAS R/AT. No.324, 3RD CROSS NAGADEVANAHALLI RAJARAJESWARINAGARA BENGALURU – 560 060. …PETITIONER (BY SRI. SHIVAREDDY T N, ADVOCATE) AND: 1. SRI. SHIVALINGAIAH S/O LATE SIDDAIAH AGED ABOUT 64 YEARS RETIRED PRINCIPAL 2ND STAGE, VINAYAKA NAGAR GAS GODOWN BACK SIDE RAMANAGARA TOWN & DISTRICT - 562 159. AND DISTRICT PH 8792189047 …RESPONDENT (BY SRI PRAKASH T, ADVOCATE) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44678 CRL.P No. 9829 of 2025 THIS CRL.P IS FILED UNDER SECTION 407 Cr.PC (FILED U/S 447 BNSS) PRAYING TO WITHDRAW THE C.M.C.No.126/2018 AND CRL.MISC.No.17/2024 BOTH CASES ARE PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC AT GAURIBIDANUR AND TO TRANSFER THE SAME TO THE HONBLE II ADDL. PRL. JUDGE FAMILY COURT, BENGALURU AND CLUB THE SAME IN M.C.No.1383/2023 WITH A DIRECTION TO CLUB BOTH THE CASES TOGETHER AND TO LEAD COMMON EVIDENCE AND TO DECIDE THE SAME ON MERITS. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed under Section 447 of BNSS seeking transfer of CMC No.126/2018 and Crl.Misc.No.17/2024 pending on the file of Additional Civil Judge and JMFC, Gauribidanur to II Additional Principal Judge, Family Court, Bangalore where M.C.No.1383/2023 is pending. 2. Learned counsel for respondent submits no objection for transfer of the said cases as prayed. 3. The petitioner has filed CMC No.126/2018 under Section 125 Cr.P.C. seeking grant of maintenance and it is - 3 - HC-KAR NC: 2025:KHC:44678 CRL.P No. 9829 of 2025 pending on the file of Additional Civil Judge and JMFC, Gauribidanur. Petitioner has also filed Crl.Misc.No.17/2024 for recovery of interim maintenance granted in CMC No.126/2018 and it is also pending on the file of Additional Civil Judge and JMFC, Gauribidanur. The petitioner has also filed petition for restitution of conjugal rights in M.C.No.1383/2023 and it is pending on the file of II Additional Principal Judge, Family Court, Bangalore. The petitioner is seeking transfer of two cases filed by her pending in Gauribidanur to Bangalore on the ground that she is residing in Bangalore and she is not having any avenues to travel to Gauribidanur. The respondent has submitted no objection to allow the petition. Considering the above aspects, the petitioner has made out case for transfer as sought for. In the result, the following: ORDER The petition is allowed. - 4 - HC-KAR NC: 2025:KHC:44678 CRL.P No. 9829 of 2025 CMC No.126/2018 and Crl.Misc.No.17/2024 pending on the file of Additional Civil Judge and JMFC, Gauribidanur are withdrawn and ordered to be transferred to II Additional Principal Judge, Family Court, Bengaluru wherein M.C.No.1383/2023 is pending. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 19 Ct.sm