- 1 - HC-KAR NC: 2025:KHC:36045 CRL.P No. 12485 of 2024 C/W CRL.P No. 13003 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 12485 OF 2024 C/W CRIMINAL PETITION NO. 13003 OF 2024 IN CRL.P No. 12485/2024 BETWEEN: 1. SHRI. VIKRAM SANKHLA S/O. RAJENDRA SANKHLA AGED ABOUT 41 YEARS OCCUPATION: BANK EMPLOYEE STATE BANK OF INDIA CHIEF MANAGER, SBI RACC, JODHPUR, JALONI GATE BRANCH 1ST FLOOR, JODHPUR R/O. NEAR TIKAM KUTIR MAIN ROAD SURSAGAR, JODHPUR-342024. …PETITIONER (BY SRI. VINAYAK MEGUNDI, ADVOCATE) AND: 1. SMT. SARITHA W/O. VIKRAM SANKHLA AGED ABOUT 36 YEARS 2. KUM. RACHANA D/O. VIKRAM SANKHLA AGED ABOUT 15 YEARS 3. PRIYANS S/O. VIKRAM SANKHLA Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36045 CRL.P No. 12485 of 2024 C/W CRL.P No. 13003 of 2024 AGED ABOUT 7 YEARS R2 AND R3 RESIDING AT SINCE MINORS REP. BY HER NATURAL GUARDIAN AND NEXT FRIEND R-1. R1 TO R3 ARE R/AT 9TH CROSS, B.H. ROAD NEAR HALAPPA CIRCLE BHADRAVATI. …RESPONDENTS THIS CRL.P IS FILED U/SEC.482 CR.PC (FILED U/SEC.528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 13.09.2024, PASSED IN CRL.RP.NO.5031/2023 BY THE IV ADDL.DISTRICT AND SESSIONS JUDGE SHIVAMOGGA SITTING AT BHADRAVATHI BY ALLOWING THE PETITION. IN CRL.P NO. 13003/2024 BETWEEN: 1. SHRI. VIKRAM SANKHLA S/O. RAJENDRA SANKHLA AGED ABOUT 41 YEARS OCCUPATION: BANK EMPLOYEE CHIEF MANAGER STATE BANK OF INDIA RACC, JODHPUR, JALONI GATE BRANCH 1ST FLOOR, JODHPUR R/O. NEAR TIKAM KUTIR MAIN ROAD SURSAGAR, JODHPUR-342024. ...PETITIONER (BY SRI. VINAYAK MEGUNDI, ADVOCATE) AND: 1. SMT.SARITHA W/O. VIKRAM SANKHLA AGED ABOUT 35 YEARS - 3 - HC-KAR NC: 2025:KHC:36045 CRL.P No. 12485 of 2024 C/W CRL.P No. 13003 of 2024 2. KUM. RACHANA D/O. VIKRAM SANKHLA AGED ABOUT 14 YEARS 3. PRIYANS S/O. VIKRAM SANKHLA AGED ABOUT 6 YEARS RESPONDENT NO.2 AND 3 SINCE MINORS, REPRESENTED BY HER NATURAL GUARDIAN AND NEXT FRIEND RESPONDENT NO.1 R1 TO R3 ARE RESIDING AT 9TH CROSS, B.H. ROAD NEAR HALAPPA CIRCLE, BHADRAVATI. ...RESPONDENTS THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 13.09.2024, PASSED IN CRL.RP.NO.5023/2023 BY THE IV ADDL. DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA, SITTING AT BHADRAVATHI, BY ALLOWING THE PETITION (ANNEXURE-G). THESE PETITIONS, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The Criminal Petition No.13003/2024 is filed assailing the order dated 13.09.2024 of the Revisional Court passed in Criminal Revision Petition No.5023/2023, wherein the Revisional Court has allowed the revision filed - 4 - HC-KAR NC: 2025:KHC:36045 CRL.P No. 12485 of 2024 C/W CRL.P No. 13003 of 2024 by the wife and kids and the maintenance amount awarded by the learned Magistrate is enhanced by granting Rs.8,000/- per month to the wife, Rs.6,000/- each per month to older daughter and Rs.5,000 to the younger son thereby totally awarding amount of Rs.19,000/-. 2. The connected Criminal Petition No.12485/2024 is also filed by the husband assailing the order dated 13.09.2024 of the Revisional Court passed in Criminal Revision Petition No.5031/2023, wherein the husband assailing the order of the learned Magistrate awarding maintenance to the wife and kids is dismissed. These two petitions are filed by the husband. 3. Heard learned counsel for the petitioner in both petitions and perused the records. 4. Respondent No.2 – the wife, along with her two minor children, instituted proceedings under Section 127 of the Code of Criminal Procedure in Criminal - 5 - HC-KAR NC: 2025:KHC:36045 CRL.P No. 12485 of 2024 C/W CRL.P No. 13003 of 2024 Miscellaneous No.19/2022 seeking enhancement of the maintenance that had earlier been awarded in Criminal Miscellaneous No.164/2018. In the order passed in 2018, the learned Magistrate had granted a monthly maintenance of Rs.5,000/- to the wife and Rs.3,000/- each to respondent Nos.2 and 3 herein, who are the children of the petitioner–husband. 5. The said petition for enhancement was contested by the present petitioner, who was arrayed as respondent in those proceedings. During the course of the enquiry, the petitioner-husband produced salary certificates marked as Exs.R.1 to R.8, covering the period from February 2022 to October 2022. These documents disclosed that his monthly salary was Rs.76,000/-. The learned Magistrate, after adverting to the salary evidence, moderately enhanced the maintenance by fixing an amount of Rs.8,000/- per month to the wife and Rs.6,000/- and Rs.5,000/- to the two children, thus aggregating to a total amount of Rs.19,000/- per month as maintenance. - 6 - HC-KAR NC: 2025:KHC:36045 CRL.P No. 12485 of 2024 C/W CRL.P No. 13003 of 2024 6. Feeling dissatisfied with the quantum so awarded, the wife and the children preferred a revision in Criminal Revision Petition No.5023/2023 contending that the enhancement ordered by the learned Magistrate was meager and not commensurate with the present income of the husband or with the rising cost of living. Simultaneously, the husband filed Criminal Revision Petition No.5031/2023 challenging the order on the ground that the amount of Rs.19,000/- was excessive and beyond his capacity to pay. 7. Upon a close scrutiny of the evidence on record, particularly the rebuttable evidence adduced by the husband, the following position emerges: In 2018, the learned Magistrate, while granting maintenance, had recorded a finding that the petitioner–husband was drawing a salary of Rs.41,000/- per month. On that basis, maintenance was fixed at Rs.5,000/- per month to the wife and Rs.3,000/- per month to each of the children. In the subsequent proceedings under Section 127 Cr.P.C., - 7 - HC-KAR NC: 2025:KHC:36045 CRL.P No. 12485 of 2024 C/W CRL.P No. 13003 of 2024 the petitioner himself, by producing salary certificates, admitted that he was drawing a salary of Rs.76,000/- per month. Notwithstanding this substantial increase in income, the Magistrate enhanced the amounts only modestly from Rs.5,000/- to Rs.8,000/- for the wife and from Rs.3,000/- to Rs.6,000/- and Rs.5,000 for the children. 8. The Revisional Court, while considering both the revision petitions, re-evaluated the salary slips and other materials placed on record. It found that the enhancement ordered by the learned Magistrate was inadequate, having regard to the husband’s current earnings and the needs of the wife and children. Taking note of the husband’s admission that he was drawing a salary of Rs.84,000/- per month, the Revisional Court enhanced the maintenance further fixing it at Rs.8,000/- per month to the wife, Rs.6,000/- per month to the elder child (respondent No.2) and Rs.5,000/- per month to the younger child - 8 - HC-KAR NC: 2025:KHC:36045 CRL.P No. 12485 of 2024 C/W CRL.P No. 13003 of 2024 (respondent No.3). Thus, the total amount payable as monthly maintenance was determined at Rs.19,000/-. 9. This Court, having examined the impugned order, finds that the Revisional Court has proceeded on a rational basis. The quantum of Rs.19,000/- is broadly in the vicinity of one-third of the husband’s salary, which is a reasonable yardstick in maintenance jurisprudence. The records further disclose that the two children are of school-going age, and the wife, who is without an independent source of income, is presently residing in a rented house. Considering the educational expenses of the children, the cost of rent and other day-to-day requirements, the maintenance fixed by the Revisional Court is neither excessive nor disproportionate. On the contrary, it appears moderate and fair in the circumstances of the case. 10. In the light of the above discussion, this Court is of the clear view that no interference is warranted with the - 9 - HC-KAR NC: 2025:KHC:36045 CRL.P No. 12485 of 2024 C/W CRL.P No. 13003 of 2024 well-reasoned order of the Revisional Court. The enhancement of maintenance is just and proper, commensurate with the income of the husband and the needs of the dependents. Consequently, both the petitions stand dismissed as being devoid of merits. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 7