- 1 - HC-KAR NC: 2025:KHC-D:9570 CRL.RP No. 100432 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 100432 OF 2023 (397(CR.PC)/438(BNSS)) BETWEEN: KALLAPPA @ KALMESH S/O. BASAPPA DODDAMANI, AGE: 55 YEARS, OCC: JNR. ENGINEER (ZP), R/O: CHIKKANARTI, KUNDAGOL, DIST: DHARWAD-581 113. … PETITIONER (BY SMT. RANJITA G. ALAGAWADI, ADVOCATE) AND: SMT. RENUKA W/O. KALLAPPA @ KALMESH DODDAMANI, AGE: 48 YEARS, OCC: HOUSEHOLD, R/O: C/O. SHIVAPPA RAYAPPA GIRIYAPPANAVAR, MADIHAL LAST CROSS, DHARWAD-580 001. … RESPONDENT (BY SRI. M.M. NAIKWADI, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C. PRAYING TO THE IMPUGNED JUDGMENT AND ORDER PASSED BY THE LEARNED IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD IN CRL. APPEAL NO.48/2022 DATED 23/09/2023 AND THE IMPUGNED JUDGMENT AND ORDER PASSED BY THE LEARNED II ADDITIONAL CIVIL JUDGE, AND JMFC II, DHARWAD IN CRL. MISC. NO.228/2011 DATED 17/03/2022 MAY PLEASE BE SET ASIDE BY ALLOWING THIS REVISION PETITION IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:9570 CRL.RP No. 100432 of 2023 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) This Criminal Revision Petition under Section 397 read with Section 401 of Cr.P.C. is filed by the husband assailing the order dated 23.09.2023 passed in Criminal Appeal No.48/2022 by the Court of IV Additional District and Sessions Judge, Dharwad, confirming the order dated 17.03.2022 passed by the Court of II Additional Civil Judge and JMFC II, Dharwad in Criminal Miscellaneous No.228/2011. 2. Heard the learned counsel for the parties. 3. Respondent – wife had filed Criminal Miscellaneous No.228/2011 before the Court of II Additional Civil Judge and JMFC II, Dharwad against the petitioner herein under Section 12 of the Protection of Women from Domestic Violence Act, 2005 seeking certain reliefs including the relief of maintenance for herself and her son. In the said proceedings, vide the order dated 17.03.2022 - 3 - HC-KAR NC: 2025:KHC-D:9570 CRL.RP No. 100432 of 2023 passed in Criminal Miscellaneous No.228/2011, the learned Magistrate allowed the petition in part and directed the petitioner to pay a monthly maintenance of Rs.5,000/- and also a sum of Rs.5,000/- towards rent to enable the respondent to secure alternative accommodation. In addition, acting under Section 22 of the Protection of Women from Domestic Violence Act, the petitioner was directed to pay a sum of Rs.3,00,000/- to the respondent towards compensation and damages. The said order was challenged by the petitioner before the jurisdictional Sessions Court in Criminal Appeal No.48/2022 which was dismissed by judgment and order dated 23.09.2023. Assailing the aforesaid orders, the petitioner is before this Court. 4. Learned counsel for the petitioner submits that respondent has initiated a separate proceedings under Section 125 of Cr.P.C. before the jurisdictional Family Court seeking maintenance and in the said proceedings, a sum of Rs.8,000/- has been awarded as maintenance to her. She - 4 - HC-KAR NC: 2025:KHC-D:9570 CRL.RP No. 100432 of 2023 submits that petitioner is also required to take care of his aged parents. Therefore, she prays to reduce the maintenance amount awarded to the respondent in the present proceedings. 5. Per contra, learned counsel for the respondent submits that petitioner is drawing a salary of Rs.67,000/- per month and the total amount awarded for maintenance and rental charges is only Rs.18,000/-. Respondent is required to take care of her son who is pursuing his engineering course. Accordingly, he prays to dismiss the petition. 6. Petitioner is working as a Junior Engineer in Zilla Panchayath, Dharwad and learned counsel for the petitioner has fairly submitted that his gross salary is Rs.67,000/- per month. According to him, after all deductions, his take home salary is Rs.58,000/-. Undisputedly, the respondent – wife has no independent income and she is also required to take care of her son who is pursuing his engineering course. - 5 - HC-KAR NC: 2025:KHC-D:9570 CRL.RP No. 100432 of 2023 In the present proceedings, the trial Court has totally awarded a sum of Rs.10,000/- per month to the respondent towards maintenance and also towards rental charges. In addition to the aforesaid amount of Rs.10,000/-, an amount of Rs.8,000/- per month has been now awarded to the respondent and her son in a separate proceeding initiated by the respondent under Section 125 of the Cr.P.C. before the jurisdictional Family Court. 7. Therefore, in all, a sum of Rs.18,000/- is required to be paid by the petitioner every month to the respondent and her son towards their maintenance and rental charges. Even according to the learned counsel for the petitioner, the take home salary of the petitioner is Rs.58,000/- per month. Therefore, even if an amount of Rs.18,000/- is paid by the petitioner to the respondent and her son per month in the remaining amount of Rs.40,000/- he can take care of himself and his aged parents, who allegedly are staying with him. Therefore, I do not find any good ground to interfere with the impugned judgment and - 6 - HC-KAR NC: 2025:KHC-D:9570 CRL.RP No. 100432 of 2023 order passed by the Courts below. Accordingly, the criminal revision petition stands dismissed. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH & VNP / CT: BCK List No.: 1 Sl No.: 46