- 1 - HC-KAR NC: 2026:KHC:25694 CRL.RP No. 336 of 2026 C/W CRL.RP No. 82 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.336 OF 2026 C/W CRIMINAL REVISION PETITION NO.82 OF 2026 IN CRL.RP No.336/2026: BETWEEN: 1. SMT. AISHWARYA SHETTY AGE: 30 YEARS W/O DR. PRASAD N. SHETTY D/O SRI M. CHANDRA SHETTY R/AT FLAT NO.A2 SIERRA VISTA APARTMENT BALLALBAGH MANGALURU-575 003. …PETITIONER (BY SRI. CHIDANANDA KEDILAYA M., ADVOCATE) AND: 1. DR. PRASAD N. SHETTY AGE: 40 YEARS, S/O LATE K. NARAYANA SHETTY, R/AT NO.4-40C, “PREETHAM”, BEACH ROAD, KUMATHBETTU, KOTESHWARA VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT. …RESPONDENT (BY SMT. URMILA PULLAT, ADVOCATE) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25694 CRL.RP No. 336 of 2026 C/W CRL.RP No. 82 of 2026 CRL.RP FILED UNDER SECTION 397 R/W 401 OF CR.PC (FILED U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 18.10.2025 PASSED IN CRIMINAL APPEAL NO.32 OF 2025 BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, UDUPI; RESTORE THE ORDER DATED 20.07.2024 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC, UDUPI IN CRL.MISC. NO.224/2024, INCLUDING THE ORIGINAL INTERIM MAINTENANCE GRANTED THEREIN. IN CRL.RP NO.82/2026: BETWEEN: 1. DR. N. PRASAD SHETTY S/O LATE K. NARAYANA SHETTY AGED ABOUT 39 YEARS NO.4-40C, PREETHAM BEACH ROAD, KAMATHBETTU KOTESHWARA VILLAGE KUNDAPURA TALUK-576 102 UDUPI. ...PETITIONER (BY SMT. URMILA PULLAT, ADVOCATE) AND: 1. MRS. AISHWARYA SHETTY W/O MR. PRASAD N SHETTY D/O SRI. M. CHANDRA SHETTY AGED ABOUT 30 YEARS 2. MASTER SARANSH SAVISHNU AGED ABOUT 5 YEARS S/O MR. PRASAD SHETTY REPRESENTED BY HIS NATURAL GUARDIAN AND MOTHER, MRS. AISHWARYA SHETTY - 3 - HC-KAR NC: 2026:KHC:25694 CRL.RP No. 336 of 2026 C/W CRL.RP No. 82 of 2026 BOTH RESPONDENT NO.1 AND 2 RESIDING AT FLAT NO.A2 SIERRA VISTA APARTMENT BALLALBAGH MANGALORE-575 003. ...RESPONDENTS (BY SRI. CHIDANANDA KEDILAYA M., ADVOCATE) THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C (U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE JUDGEMENT AND ORDER DATED 18.10.2025 IN CRL.A. NO.32/2025 PASSED BY THE LD. II ADDL. DISTRICT AND SESSIONS JUDGE, UDUPI, AND ALLOW THE APPEAL FILED BY THE PETITIONER THEREIN. THESE PETITIONS COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER These petitions are listed for admission. Crl.R.P.No.336/2026 is filed by wife challenging reduction of maintenance amount from Rs.50,000/- to Rs.30,000/-. Crl.R.P.No.82/2026 is filed by husband to further reduce the maintenance amount and set aside the judgment and order dated 18.10.2025 in Crl.A.No.32/2025 . - 4 - HC-KAR NC: 2026:KHC:25694 CRL.RP No. 336 of 2026 C/W CRL.RP No. 82 of 2026 2. Having perused the material on record and taking note of the fact that matter is pending before the Trial Court, learned counsel appearing for the petitioner in Crl.R.P.No.336/2026 would submit that already evidence has been led before the Court and documents are also marked and those documents are also placed before this Court along with memo dated 13.03.2026 and these documents cannot be considered by this Court and the same has to be considered by the Trial Court while considering the matter on merits. 3. Learned counsel appearing for the revision petitioner in Crl.R.P.No.336/2026 would submit that even the reduced maintenance amount was also not paid and there is an arrears of Rs.5,20,000/- and whether there is an arrears to the extent of Rs.5,20,000/- or not has to be decided by the Trial Court and not by this Court whether such arrears is to be paid before the Trial Court. However, this Court can give directions to the revision petitioner in Crl.R.P.No.82/2026 to pay arrears of amount within one - 5 - HC-KAR NC: 2026:KHC:25694 CRL.RP No. 336 of 2026 C/W CRL.RP No. 82 of 2026 month from today and the same is subject to result of the decision to be taken by the Trial Court on merits. If it is reduced further, the same would be adjusted from the amount decided by the Trial Court and if it is enhanced also, the same is also subject to adjustment and the balance amount shall be payable by the revision petitioner in Crl.R.P.No.82/2026 4. It is also important to note that when the evidence has already been adduced by the revision petitioner in Crl.R.P.No.336/2026 and respondent has to adduce evidence to substantiate the case, it is appropriate to direct the Trial Court to dispose of the matter within a time bound period of six months from today. The revision petitioner in Crl.R.P.No.82/2026 shall to continue to pay the amount of Rs.30,000/- which is reduced by the Sessions Court from Rs.50,000/- to Rs.30,000/- till the disposal of the matter on merits. - 6 - HC-KAR NC: 2026:KHC:25694 CRL.RP No. 336 of 2026 C/W CRL.RP No. 82 of 2026 With these observations, both the revision petitions are disposed of. The Registry is also directed to communicate this order to the Trial Court, forthwith. Sd/- (H.P.SANDESH) JUDGE ST List No.: 1 Sl No.: 47