- 1 - HC-KAR NC: 2026:KHC:15661 CRL.P No. 9369 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ CRIMINAL PETITION NO. 9369 OF 2023 BETWEEN: 1. SMT. C.S. SHASHIKALA W/O B.S. LAKSHMIPATHI AGED ABOUT 48 YEARS HOUSEHOLD R/O C/O LATE C. SIDDARAMAIAH RTD. TEACHER KITTADAL VILLAGE, MATTODU HOBLI HOSADURGA TALUK CHITRADURGA DISTRICT-572 216 2. BHUVAN S/O B.S. LAKSHMIPATHI AGED ABOUT 14 YEARS 3. HARISHA S/O B.S. LAKSHMIPATHI AGED ABOUT 12 YEARS PETITIONER NOS.2 AND 3 ARE MINORS REPRESENTED BY THEIR NATURAL MOTHER AND GUARDIAN SMT. C.S. SHASHIKALA W/O B.S. LAKSHMIPATHI R/O KITTADAL VILLAGE, MATTODU HOBLI HOSADURGA TALUK CHITRADURGA DISTRICT-572 216 …PETITIONERS (BY SRI. G.M. SRINIVASAREDDY, ADVOCATE) AND: SRI. B.S. LAKSHMIPATHI S/O SINGADAPPA Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15661 CRL.P No. 9369 of 2023 AGED ABOUT 46 YEARS LECTURER KALPATARU PRE-UNIVERSITY COLLEGE KITTADAL VILLAGE, HOSADURGA TALUK CHITRADURGA DISTRICT-572 216 …RESPONDENT (BY SRI. SIDDAPPA B.M, ADVOCATE) THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO SET ASIDE THE ORDER DATED 30.06.2023 PASSED BY THE LEARNED I ADDITIONAL DISTRICT AND SESSIONS JUDGE AT CHITRADURGA IN CRL.RP.NO.53/2022 AND MODIFY THE ORDER DATED 27.01.2021 PASSED BY THE LEARNED ADDITIONAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS AT HOSADURGA IN CRL.MISC.NO.198/2018 AND AWARD MAINTENANCE TO 1ST PETITIONER AND ENHANCE MAINTENANCE AMOUNT TO 2ND AND 3RD PETITIONERS. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioners have challenged the correctness of an order dated 27.01.2021 passed by the Additional Civil Judge and JMFC, Hosadurga, in Crl.Misc.No.198/2018 and the consequent order passed by the I Additional District and Sessions Judge at Chitradurga in Cr.R.P.No.53/2022 dated 30.06.2023. - 3 - HC-KAR NC: 2026:KHC:15661 CRL.P No. 9369 of 2023 2. (i) The petitioner No.1 filed a petition under Section 125 of the Code of Criminal Procedure, 1973 (henceforth referred to as ‘Cr.P.C.’) claiming maintenance for herself and for the petitioner Nos.2 and 3. The petitioner No.1 claimed that the respondent was employed as a lecturer in Kalpatharu Pre-University College at Kittadal, Hosadurga Taluk. She claimed that the respondent was not maintaining the petitioners and therefore sought for maintenance of Rs.30,000/- per month. (ii) The petition was contested by the respondent who denied that he had refused to pay maintenance. On the contrary, he claimed that the petitioner No.1 was voluntarily staying with her parents without just cause. He also claimed that he was working in a college where the father of petitioner No.1 was the secretary and that he had ensured that the salary was not paid from August 2017. Based on these contentions, the petition was taken up for trial. 3. The petitioner No.1 was examined as PW.1 and she marked Exs.P.1 to P.6, while the respondent was examined as RW.1 and he marked Exs.R.1 to R.10. 4. The trial Court after perusing the oral and documentary evidence, came to the conclusion that the petitioner No.1 was - 4 - HC-KAR NC: 2026:KHC:15661 CRL.P No. 9369 of 2023 residing away from the respondent without just cause and therefore, she was not entitled to any maintenance in view of Section 125(4) of Cr.P.C. In so far as the petitioner Nos.2 and 3 are concerned, it held that the respondent was bound in law to ensure their maintenance. It considered the daily wages of the respondent at Rs.275/- per day and his monthly income at a sum of Rs.8,250/- and directed him to pay a sum of Rs.1,500/- per month to the petitioner Nos.2 and 3. Being aggrieved by the said order, the petitioners filed Cr.R.P.No.53/2022 before the District Court. The District Court in terms of the order dated 30.06.2023, dismissed the Criminal Revision Petition. Being aggrieved by the same, the petitioners are before this Court. 5. The learned counsel for the petitioners submitted that there is no dispute regarding the relationship of the petitioner No.1 with the respondent. He contends that the trial Court had rejected the claim of the petitioner No.1 based on a stay averment made in the evidence of PW.1. He contends that the respondent is now drawing a net salary of Rs.75,018/-, which is evident from a salary certificate dated 12.04.2025. He therefore contends that the - 5 - HC-KAR NC: 2026:KHC:15661 CRL.P No. 9369 of 2023 maintenance awarded by the trial Court is inadequate and therefore warrants interference by this Court. 6. The respondent though served with notice has not appeared and therefore, this Court did not have the benefit of his submissions. 7. A perusal of the salary certificate now placed on record by the learned counsel for the petitioner indicates that the respondent is drawing a net salary of Rs.75,018/- per month. This salary certificate is issued on 12.04.2025. Therefore, it can safely be accepted that the respondent is earning sufficiently well and the order of the trial Court considering his monthly income at a sum of Rs.8,250/- is therefore incorrect. 8. The evidence of PW.1 discloses that it is she who had voluntarily abstained from joining the respondent and therefore, as rightly held by the trial Court, she is not entitled to any maintenance in view of Section 125(4) of Cr.P.C. However, in so far as petitioner Nos.2 and 3 are concerned they are 14 years and 12 years old, respectively and hence, the respondent is bound to look after the maintenance, needs and necessities of the petitionerNos.2 and 3. In view of the claim of the petitioners that - 6 - HC-KAR NC: 2026:KHC:15661 CRL.P No. 9369 of 2023 the respondent is drawing a monthly net salary of Rs.75,018/-, it is appropriate that the maintenance awarded by the trial Court is enhanced to a sum of Rs.10,000/- per month payable to the petitioner Nos.2 and 3. 9. In view of the above, the following order is passed: ORDER i. The petition is allowed; ii. The impugned order dated 27.01.2021 passed by the Additional Civil Judge and JMFC, Hosadurga in Crl.Misc.No.198/2018and the consequent order passed by the I Additional District and Sessions Judge at Chitradurga in Cr.R.P.No.53/2022 dated 30.06.2023 are modified and the respondent is directed to pay a sum of Rs.5,000/- to each of the petitioner Nos.2 and 3 from the date of petition until they attain the age of majority. Sd/- (R. NATARAJ) JUDGE BKN/List No.: 2 Sl No.: 16