- 1 - HC-KAR NC: 2025:KHC:53646 CRL.RP No. 1063 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL REVISION PETITION NO. 1063 OF 2023 BETWEEN: SRI. C. RAJU S/O LATE CHANNAIAH AGED ABOUT 65 YEARS R/A ARALALUSANDRA VILLAGE VIRUPAKSHIPURA HOBLI CHANNAPATNA TALUK RAMANAGAR DIST - 562 138. …PETITIONER (BY SRI. MURALI M, ADVOCATE) AND: SMT. VARALAKSHMI B.S W/O LINGARAJU R AGED ABOUT 22 YEARS R/A ARALALUSANDRA VILLAGE, VIRUPAKSHIPURA HOBLI, CHANNAPATNA TALUK, RAMANAGAR DIST. - 562 138. …RESPONDENT (BY SRI. UMESH N, ADVOCATE) THIS CRL.RP IS FILED U/S 397 R/W 401 OF CR.PC PRAYING TO SET ASIDE THE ORDER DATED 11.07.2023 PASSED IN CRL.A.NO.21/2023, PASSED BY THE III ADDL.DISTRICT AND SESSIONS JUDGE, RAMANAGARA AND Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:53646 CRL.RP No. 1063 of 2023 CONSEQUENTLY SET ASIDE THE ORDER DATED 27.01.2023 PASSED BY THE SENIOR CIVIL JUDGE AND J.M.F.C CHANNAPATNA IN DVC NO.3/2022 OR IN THE ALTERNATE MODIFY THE ORDER. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Challenging order dated 11.07.2023 passed by III Addl. District and Sessions Judge, Ramanagara, in Crl.A.no.21/2023, and order dated 27.01.2023 passed by Senior Civil Judge and J.M.F.C., Channapatna in DVC.no.3/2022, this Revision Petition is filed. 2. Sri Murali M., learned counsel for petitioner submitted that Revision Petition is by respondent in Petition filed under provisions of Protection of Women from Domestic Violence Act, 2005 ('DV ACT'), before Trial Court. 3. In said proceedings, respondent - wife, original petitioner had filed an application under Section 17(1) of DV Act for protection to reside in shared household. On said application, an order was passed on 27.01.2023 granting - 3 - HC-KAR NC: 2025:KHC:53646 CRL.RP No. 1063 of 2023 protection in shared household situated at Aralalusandra village, till disposal of petition on merits. 4. However, after appearance of petitioner herein on 31.03.2023 before Trial Court, it was submitted that a separate house is arranged for respondent-wife, original petitioner and child, and hence, Trial Court had modified order dated 27.01.2023 and directed respondent - wife to reside in House no.227 along with her child. Said order was assailed by original petitioner in Crl.A.no.21/2023. Under impugned order, Appellate Court set aside order dated 31.03.2023 solely on ground that order was modified without any application and without granting opportunity to respondent - wife. Against said order, present Revision Petition is filed. 5. Since only reason assigned is that order of modification passed on 31.03.2023 was without any application, which is not disputed by learned counsel for petitioner, it is found appropriate to dispose it of by reserving liberty to respondent-wife to file application for modification, if so advised. If such an application is filed, Trial Court would be - 4 - HC-KAR NC: 2025:KHC:53646 CRL.RP No. 1063 of 2023 required to provide opportunity to original petitioner to file objection and pass appropriate orders in accordance with law. 6. With above observation, Revision Petition is disposed of, impugned order dated 31.03.2023 is set aside. All contentions are kept open. Sd/- (RAVI V HOSMANI) JUDGE HNM List No.: 1 Sl No.: 35