- 1 - NC: 2025:KHC-D:6765 CRL.RP No. 100486 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100486 OF 2024 (397(Cr.PC)/438(BNSS)) BETWEEN: SHRI ANSHUMAN AWASTI S/O. PRADEEP AWASTHI, AGE: 36 YEARS, OCC. GOVERNMENT EMPLOYEE, R/O. AUHANA, SHIVALI, RAM BHAI NAGAR, KANPUR DEHAR, UTTAR PRADESH-226011, WORKING AS SERGENT ANSHUMAN AWASTHI, (EMPLOYEE NO.914025H), AIR FORCE STATION, BIDAR, KARNATAKA-585401. …PETITIONER (BY SRI. ANKIT R. DESAI, ADVOCATE) AND: SMT. PRERNA AWASTHI W/O. ANSHUMAN AWASTI D/O. SRI. BHANUPRATAP MISHRA, AGE: 36 YEARS, OCC. BANK EMPLOYEE, R/O. SURYA NAGAR, NEAR PAL AARA CHAKKI MANAK NAGAR, RAJAJI PURAM, LACKNOW, UTTAR PRADESH, PRESENTLY AT PLOT NO. 55, KRISHI COLONY, 5TH CROSS, BHAGYA NAGAR, BELAGAVI-590001. …RESPONDENT (BY SRI. SACHCHIDANAND B. PATIL, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. 401 OF CR.P.C. (SECTION 438 R/W. 442 OF BNSS), SEEKING TO SET ASIDE THE JUDGMENT AND ORDER DATED 22.11.2024 PASSED BY V ADDITIONAL DISTRICT AND SESSIONS JUDGE AT BELAGAVI IN CRIMINAL APPEAL NO.119/2024 C/W. CRIMINAL APPEAL NO.145/2024 CONSEQUENTLY SET ASIDE THE ORDER DATED 04.05.2021 AND 04.04.2024 AND 03.05.2024 PASSED BY J.M.F.C-II, BELAGAVI IN CRIMINAL MISC.NO.137/2021. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:6765 CRL.RP No. 100486 of 2024 THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.Ankit Ramesh Desai, learned counsel for the revision petitioner and Sri.Sachchidanand B. Patil, learned counsel for the respondent. 2. Husband is the revision petitioner challenging order passed in Crl.Misc.No.137/2021 confirmed in Crl.A.No.145/2024 which an interim order is granting the interim maintenance in view of non availability of the said residence to the respondent. 3. The order in interim in nature and present revision petitioner is unable to accommodate in the said resident, the order passed by the trial Magistrate confirmed by the First Appellate Court needs no interference that too in the revisional jurisdiction. 4. However, it is always open for the revision petitioner to urge the necessary all necessary defences in - 3 - NC: 2025:KHC-D:6765 CRL.RP No. 100486 of 2024 the main matter. Reserving such liberty, following order is passed. ORDER The Criminal revision petition is dismissed. Sd/- (V.SRISHANANDA) JUDGE AC CT:PA List No.: 2 Sl No.: 28