- 1 - HC-KAR NC: 2026:KHC:4302 CRL.RP No. 1760 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 1760 OF 2025 (397(Cr.PC) / 438(BNSS)-) BETWEEN: MR. KARAN CHANDRASHEKAR AGED ABOUT 37 YEARS S/O MR. A. CHANDRASHEKAR RESIDING AT K5, 480, 13TH MAIN 3RD BLOCK KORAMANGALA BENGALURU - 560 034 KARNATAKA. …PETITIONER (BY SRI KBS MANIAN, ADV., FOR SRI AZHAR ALI FAROOQI, ADV.) AND: MRS. DIVYA KARAN CHANDRASHEKAR AGED ABOUT 37 YEARS D/O MR PRADEEP LAL RESIDING AT 161, 6TH CROSS 1ST MAIN, ST BED LAYOUT KORAMANGALA 1ST BLOCK BANGALORE - 560 034 KARNATAKA. …RESPONDENT (BY SRI. PRATHIMA S K.,ADVOCATE) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT DATED 01.02.2025 PASSED BY THE HONBLE LXXII ADDL. CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, AT BANGALORE IN CRIMINAL APPEAL NO.25286/2024 (ANNEXURE-A) AND ETC. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4302 CRL.RP No. 1760 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. This criminal revision petition under Section 438 R/w Section 442 of BNSS 2023 is filed by the petitioner - husband with the prayer to set aside the order dated 01.02.2025 passed in Criminal Appeal No.25286 of 2024 by Court of LXXII Addl. City Civil & Sessions Judge, Mayo Hall, Bengaluru and the order dated 25.07.2024 passed in Crl.Misc.No.157 of 2023 by the Court of MMTC-I Court, Mayo Hall, Bengaluru. 2. Heard the learned counsel appearing for the parties. 3. Respondent - wife has filed petition before the jurisdictional Court of Magistrate at Bangalore under Section 12 of the Protection of women from Domestic Violence Act, 2005 (for short, 'PWDV Act') and also has filed an application in the said proceedings under Section 20 R/w Section 23 of the PWDV Act seeking certain interim reliefs. The petitioner - husband has filed an application before the Trial Court in Crl.Misc.No.157 of - 3 - HC-KAR NC: 2026:KHC:4302 CRL.RP No. 1760 of 2025 2023 under Section 191, 193, 199, 209 of IPC r/w Section 340 of Cr.P.C, with a prayer to proceed against the respondent in accordance with law for having committed perjury. Respondent - wife had filed objection to the said application and opposed the prayer made in the application. The Trial court, vide the order impugned dated 25.07.2024, had rejected the application filed on behalf of the petitioner under Section 340 of Cr.P.C, and the said order was confirmed by the Appellate Court in Criminal Appeal No.25286 of 2024 vide the order impugned dated 01.02.2025. Aggrieved by the aforesaid two orders, petitioner is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that the Trial Court has dismissed the application with observation that the same was premature. If that is so, the Trial Court ought not to have considered the merits of the application. He submits that petitioner intends to file appropriate application under Section 340 of Cr.P.C, against the respondent at a later stage, if need arises, and therefore it may be clarified that the observations made by the Courts below in the order impugned will not come - 4 - HC-KAR NC: 2026:KHC:4302 CRL.RP No. 1760 of 2025 in the way of the Trial Court considering the fresh application on its merits in accordance with law. 5. Per contra, learned counsel for the respondent has argued in support of the orders impugned and submits that Courts below were justified in dismissing the application filed on behalf of the petitioner under Section 340 of Cr.P.C,. The respondent has not suppressed any facts nor she has made any false declarations either in her affidavit or in her statement of assets and liabilities submitted before the Trial Court. She accordingly prays to dismiss the petition. 6. The Trial Court, while dismissing the application filed by the petitioner under Section 340 of Cr.P.C, with a prayer to proceed against the respondent for having committed perjury, has observed in paragraph no.27 as follows:- "This court is of considered view that a full fledged trail on merit is required to ascertain the truth. If this application was registered and cognizance was taken without there being any documents it will not only lead to multiplicity of proceedings and unnecessary wastage of precious Court time, but also cause hardship to the litigant. On mere suspicion this court cannot - 5 - HC-KAR NC: 2026:KHC:4302 CRL.RP No. 1760 of 2025 proceed against petitioner. Considering the fact that at this juncture, the respondent No.1 has not placed any thing on record, to establish that petitioner has on oath falsely submitted details in Assets & Liabilities, this court hereby decline to initiate perjury application." 7. From the aforesaid, it is apparent that Trial Court has refused to entertain the application filed by the petitioner under Section 340 of Cr.P.C, on the ground that the same is premature. However, the order impugned would show that in the earlier paras of the order impugned passed by the Trial Court, certain observations are also made with regard to the merits of the case. The Appellate Court has confirmed the order of the Trial Court and has dismissed the appeal. In my considered opinion, since the Trial Court has refused to entertain the application of the petitioner filed under Section 340 of Cr.P.C, on the ground that at this stage, it is premature since the parties are yet to place the documentary evidence on record, I am of the opinion that the Trial Court was not justified in making any observations touching the merits of the application. Under the circumstances, I am of the opinion that this Criminal Revision petition is required to be dismissed with - 6 - HC-KAR NC: 2026:KHC:4302 CRL.RP No. 1760 of 2025 an observation that in the event if petitioner files a fresh application under Section 340 of Cr.P.C, against the respondent, such application shall be considered on its merits without being influenced by any observations made by the Courts below in the orders impugned herein. 8. Accordingly, the following:- ORDER (i) Criminal Revision Petition is dismissed. (ii) In the event the petitioner files any fresh application against the respondent before the Trial Court under Section 340 of Cr.P.C, such an application shall be considered on its merits without being influenced by any observations passed by the Courts below in the order's impugned. Sd/- (S VISHWAJITH SHETTY) JUDGE