- 1 - HC-KAR NC: 2026:KHC:34553 CRL.P No. 10072 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10072 OF 2025 BETWEEN: SRI. S. KRISHNA S/O. LATE SHIVANNA AGED ABOUT 70 YEARS NO.8, THUNGA ROAD 3RD CROSS, RAGHAVENDRA NAGARA MYSORE - 570 019. …PETITIONER (BY SRI. MAHENDRA B.S., ADVOCATE) AND: 1. SMT. YASHODHA J.K. W/O LATE HARISH K. AGED ABOUT 26 YEARS. 2. KUM. ADHITRI H. D/O LATE HARISH K. AGED ABOUT 2 YEARS SINCE MINOR REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN SMT. YASHODHA J.K. BOTH ARE R/AT DOOR NO.159, 35TH MAIN ROAD NARASIMHA SWAMY LAYOUT LAGGERE, BENGALURU - 560 058. …RESPONDENTS (BY SRI. KUSHAL GOUDA, ADVOCATE FOR SRI. ABHINAY Y.T., ADVOCATE) Digitally signed by YASHODA K L Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34553 CRL.P No. 10072 of 2025 THIS CRL.P IS FILED U/S 407 CR.PC (FILED U/S 447 BNSS) PRAYING THAT TO TRANSFER THE CRL.MISC.NO.819/2024 PENDING ON THE FILE OF THE VI ADDL. PRL.JUDGE, FAMILY COURT, BENGALURU MAY BE TRANSFERRED TO FAMILY COURT AT MYSORE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER This petition under Section 447 of BNSS 2023 r/w Section 407 of Cr.PC is filed with a prayer to transfer Crl.Misc.No.819/2024 pending on the file of the VI Addl. Principal Judge, Family Court, Bengaluru to the Family Court at Mysore. 2. Heard the learned counsel for the parties. 3. Petitioner herein is the father-in-law of the first respondent and grandfather of the second respondent. It appears that after the death of petitioner's son, who is the husband of the first respondent and father of the second respondent, respondents No.1 and 2 herein have filed O.S. No.866/2024 before the jurisdictional civil Court at Mysore - 3 - HC-KAR NC: 2026:KHC:34553 CRL.P No. 10072 of 2025 seeking the relief of partition and separate possession of the Joint Family Property of Late K.Harish, who is the son of the petitioner herein. Subsequently, respondents herein have filed Crl.Misc.No.819/ 2024 before the jurisdictional Family Court at Bengaluru seeking the relief of maintenance from the petitioner herein, who is also defendant No.1 in O.S.No.866/2024. Therefore, the petitioner is before this Court seeking transfer of Crl. Misc. No.819/2024 to the Family Court at Mysore. 4. Learned counsel for the petitioner submits that petitioner is a senior citizen having multiple medical complications. He is finding it difficult to travel to Bengaluru and he is also required to take care of his wife, who also has certain age old problems. Accordingly, prays to allow the petition. 5. Per contra, learned counsel for the respondents submits that respondent No.2 is aged about 4 years and therefore it would be difficult for the first respondent to - 4 - HC-KAR NC: 2026:KHC:34553 CRL.P No. 10072 of 2025 travel to Mysore on every date of hearing. He accordingly prays to dismiss the petition. 6. Perusal of the material on record would go to show that after the death of Sri K.Harish, respondents herein have taken shelter in the house of the first respondent's parents in Bengaluru. Undisputedly respondents herein have already initiated a partition suit in O.S.No.866/2024 before the jurisdictional civil court at Mysore, which is pending consideration. Therefore, for the purpose of attending the court in O.S.No.866/2024, the first respondent is required to travel to Mysore. Material on record would go to show that petitioner, who is a senior citizen aged more than 70 years is facing some health problems and therefore his submission that he is finding it difficult to travel to Bengaluru every now and then cannot be brushed aside. 7. Learned counsel for the respondent has made a submission that petitioner may be directed to pay the - 5 - HC-KAR NC: 2026:KHC:34553 CRL.P No. 10072 of 2025 travel expenses on the date of the respondent's appearance before the court at Mysore in Crl. Misc. No.819/2024. 8. Considering the aforesaid aspects of the matter, I am of the opinion that if payer made by the petitioner is granted, subject to payment of Rs.1,500/- to the respondent No.1 on the date of her appearance before the jurisdictional court at Mysore, the same would serve the ends of justice. Accordingly, the following; ORDER (i) Criminal petition is allowed. (ii) Criminal Misc.No.819/2024 pending on the file of the VI Addl. Principal Judge Family Court is withdrawn from the said court and is directed to be transferred to the court of Principal Family Judge, at Mysore, who shall be at liberty to allot the said case to any other court of Family Judge - 6 - HC-KAR NC: 2026:KHC:34553 CRL.P No. 10072 of 2025 at Mysore for disposal of the said case in accordance with law. (iii) The petitioner shall pay travel expenses of Rs.1,500/- to the respondent No.1 on every date of her appearance before the jurisdictional Family Court at Mysore, in the case which is now transferred to the said court, till the application filed in the said proceedings seeking interim maintenance is disposed of on merits. Sd/- (S VISHWAJITH SHETTY) JUDGE KLY List No.: 1 Sl No.: 29