- 1 - HC-KAR CNR: KAHC010148782026 NC: 2026:KHC:49236 CRL.RP No. 346 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MRS. JUSTICE GEETHA K.B. CRIMINAL REVISION PETITION NO. 346 OF 2026 (397(Cr.PC)/438(BNSS)) BETWEEN: 1. SRI MANIKANDAN SON OF SRI. RAMACHARI, AGED ABOUT 34 YEARS, RESIDING AT NO.427, KAMANDODDI VILLAGE AND POST, SHOOLAGIRI TALUK, KRISHNAGIRI DISTRICT - 635 109. …PETITIONER (BY SRI. C ANANTHA KUMAR,ADVOCATE) AND: 1. SMT K SUMITHRA WIFE OF SRI.MANIKANDAN, AGED ABOUT 29 YEARS, RESIDENT OF LAKKUR VILLAGE, MALUR TALUK, KOLAR DISTRICT, KOLAR-563 130. 2. SRI. RAMACHARI, SON OF DODDA GOINDACHARI AGED ABOUT 67 YEARS Digitally Signed By: K B GEETHA Digitally signed by REKHA R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010148782026 NC: 2026:KHC:49236 CRL.RP No. 346 of 2026 3. SMT. SELVI, WIFE OF RAMACHARI, AGED ABOUT 52 YEARS 4. SMT. KAMAKSHI, DAUGHTER OF RAMACHARI, AGED ABOUT 29 YEARS, 5. SRI. TAMILARASU, SON OF RAMACHARI, AGED ABOUT 27 YEARS, RESPONDENT NOS.2 TO 5 ARE RESIDING AT NO.427, KAMANADODDI VILLAGE AND POST, SHOOLAGIRI TALUK, KRISHNAGIRI DISTRICT-635 109. …RESPONDENTS THIS CRL.RP IS FILED U/S 397 R/W 401 CR.P.C (U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE IMPUGNED ORDER PASSED BY THE II ADDL. DISTRICT AND SESSIONS JUDGE, KOLAR IN CRL.A.NO.35/2025 DTD 20.12.2025, AT ANNEXURE-G AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE GEETHA K.B. ORAL ORDER Even though the case is at the stage of hearing on IA No.1/2026, as per the submission of learned counsel for revision petitioner, matter is heard on merits. Digitally Signed By: K B GEETHA - 3 - HC-KAR CNR: KAHC010148782026 NC: 2026:KHC:49236 CRL.RP No. 346 of 2026 2. The revision petition is filed challenging the order dated 26.10.2024 in D.V.A No.2/2024 on the file of the Additional Civil Judge and JMFC, Malur (in short 'Trial Court') as per Annexure-'B' and the judgment dated 20.12.2025 in Criminal Appeal No.35/2025 on the file of II Additional District and Sessions Judge, Kolar (in short 'Appellate Court') as per Annexure-'G'. The interim order passed in D.V.A No.2/2024 dated 26.10.2024 filed is under challenge in this case. The said interim order was passed prior to issuance of notice to respondent. 3. After appearance of respondent, he has filed objection statement and also filed his assets and liabilities. However, without filing any application for modification of interim order, he has filed the appeal challenging the interim order before the appellate Court. The said appeal was dismissed. Digitally Signed By: K B GEETHA - 4 - HC-KAR CNR: KAHC010148782026 NC: 2026:KHC:49236 CRL.RP No. 346 of 2026 4. Admittedly, the revision petitioner has not filed any application before the trial Court for modification of the interim order. Hence, the said interim order cannot be varied or modified by the appellate authority also. Thus, there is no perversity in the order passed by the appellate Court. However, a liberty could be given to the revision petitioner to approach the trial Court by filing an appropriate application for modification of the interim exparte order. 5. With this observation, this Court passes the following: ORDER i. The revision petition is dismissed. ii. However, liberty is given to the revision petitioner to file an appropriate application before the trial Court for modification of the interim order. (GEETHA K.B.) JUDGE SSD List No.: 1 Sl No.: 27 Digitally Signed By: K B GEETHA