- 1 - HC-KAR NC: 2026:KHC:5060 CRL.RP No. 551 of 2025 C/W CRL.RP No. 561 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 551 OF 2025 C/W CRIMINAL REVISION PETITION NO. 561 OF 2025 IN CRL.RP No. 551/2025: BETWEEN: SRI SURESHA H.K S/O KULLEGOWDA AGED ABOUT 42 YEARS R/AT ALUR SIDDAPURA VILLAGE SHANIVARASANTHE HOBLI SOMWARAPET TALUK KODAGU DISTRICT - 571 236 PRESENTLY SERVING AS NAIK AT UNIT 29, FIELD AMMUNITION DEPOT C O 56, APO, DEHU ROAD, PUNE DISTRICT MAHARASTRA STATE - 412 101. …PETITIONER (BY SRI PANCHAM R.D, ADV.) AND: 1. SMT. JYOTHI H.N W/O SURESH H.K AGED ABOUT 40 YEARS. 2. HARSHA A.S D/O SURESH H.K AGED ABOUT 15 YEARS. 3. KRUTHI A.S D/O SURESH H.K AGED ABOUT 13 YEARS. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5060 CRL.RP No. 551 of 2025 C/W CRL.RP No. 561 of 2025 4. DRUVA A.S D/O SURESH H.K AGED ABOUT 5 YEARS. SINCE RESPONDENT NO.2 TO 4 ARE MINORS, THEY ARE REPRESENTED BY THEIR MOTHER SMT. JYOTHI H.N RESPONDENT NO.1 HEREIN ALL ARE R/AT HODENURU VILLAGE KONANURU HOBLI, ARAKALAGUDU TALUK HASSANA DISTRICT - 573 102. …RESPONDENTS (BY SRI S. VINOD MANOHAR, ADV.) THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED U/S 438 R/W 442 BNNS) PRAYING TO SET ASIDE THE ORDER DATED 04.01.2025, PASSED BY THE ADDL., DIST AND SESSIONS JUDGE, AT HASSAN, IN CRL.ANO.164/2024 AND THE ORDER DATED 01.03.2024, PASSED BY THE COURT OF THE ADDL. CIVIL JUDGE AND JMFC, AT ARAKALAGUD, IN CRL.MISC.NO.531/2022. IN CRL.RP NO. 561/2025: BETWEEN: SRI SURESHA H.K S/O KULLEGOWDA AGED ABOUT 42 YEARS R/AT ALUR SIDDAPURA VILLAGE SHANIVARASANTHE HOBLI SOMVARAPET TALUK KODAGU DISTRICT - 571 236 PRESENTLY SERVING AS NAIK AT UNIT 29, FIELD AMMUNITION DEPOT, CO 56 APO, DEHU ROAD PUNE DISTRICT MAHARASTRA STATE - 412 101. ...PETITIONER (BY SRI PANCHAM R.D, ADV.) - 3 - HC-KAR NC: 2026:KHC:5060 CRL.RP No. 551 of 2025 C/W CRL.RP No. 561 of 2025 AND: 1. SMT. JYOTHI. H. N. W/O SURESH H.K AGED ABOUT 40 YEARS. 2. HARSHA A.S D/O SURESH H.K AGED ABOUT 15 YEARS. 3. KRUTHI A.S D/O SURESH H.K AGED ABOUT 13 YEARS. 4. DRUVA A.S S/O SURESH H.K AGED ABOUT 5 YEARS. SINCE RESPONDENT NO.2 TO 4 ARE MINORS, THEY ARE REPRESENTED BY THEIR MOTHER SMT. JYOTHI H.N. RESPONDENT NO.1 ALL R/AT HODENURU VILLAGE KONANURU HOBLI, ARAKALAGUDU TALUK, HASSANA DISTRICT - 573 102. ...RESPONDENTS (BY SRI S. VINOD MANOHAR, ADV.) THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED U/S 438 R/W 442 BNNS) PRAYING TO SET ASIDE THE ORDER DATED 04/01/2025, PASSED BY THE V ADDL. DISTRICT AND SESSIONS JUDGE, AT HASSAN, IN CRL.A.NO.245/2024. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY - 4 - HC-KAR NC: 2026:KHC:5060 CRL.RP No. 551 of 2025 C/W CRL.RP No. 561 of 2025 ORAL ORDER 1. Husband is before this Court in these two revision petitions filed under Section 397 read with 401 of Cr.PC with a prayer to set aside the judgment and order dated 04.01.2025 passed by the Court of V Addl. District & Sessions Judge, Hassan, in Crl.A.No.245/2024 & Crl.A.No.164/2024, and also to set aside the order dated 01.03.2024 passed in Crl. Misc. No.531/2022 by the Court of Addl. Civil Judge & JMFC, Arakalgudu. 2. Heard the learned Counsel for the parties. 3. Respondents herein who are the wife and children of the petitioner, had initiated proceedings against him under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short, 'D.V.Act'), before the Court of jurisdictional Magistrate at Arkalgud in Crl. Misc. No.531/2022. In the said proceedings, an application was filed by the wife and children seeking maintenance from the petitioner. The said application was opposed by the petitioner by filing objections. - 5 - HC-KAR NC: 2026:KHC:5060 CRL.RP No. 551 of 2025 C/W CRL.RP No. 561 of 2025 4. The Trial Court vide order dated 01.03.2024 partly allowed the application and granted interim maintenance at the rate of Rs.2,500/- each per month to the respondent from the date of filing of the interim application till disposal of the main petition on merits. Being not satisfied with the amount of interim maintenance granted, respondents herein had filed Crl.A.No.245/2024 and aggrieved by the order passed by the Trial Court, petitioner herein had filed Crl.A.No.164/2024 before the Court of V Addl. District & Sessions Judge, Hassan. 5. The learned Sessions Judge by a common judgment and order dated 04.01.2025 has allowed Crl.A.No.245/2024 in part and dismissed Crl.A.No.164/2024. Assailing the common judgment and order dated 04.01.2025 passed in Crl.A.No.164/2024, petitioner has preferred Crl.RP.No.551/2025 and assailing the judgment and order passed in Crl.A.No.245/2024, he has filed Crl.RP.No.561/2025. 6. Learned Counsel for the petitioner submits that though the gross salary of the petitioner is Rs.87,000/- per month, his take home salary is only Rs.53,900/-. The Appellate Court was, therefore, not justified in enhancing the maintenance amount - 6 - HC-KAR NC: 2026:KHC:5060 CRL.RP No. 551 of 2025 C/W CRL.RP No. 561 of 2025 to the respondents. He submits that after marriage, petitioner had purchased a site in the name of his wife which is now sold by her without informing the petitioner. He submits that the respondents are residing in the house belonging to the petitioner. The Appellate Court has failed to appreciate all the aforesaid aspects of the matter and has erred in allowing the appeal by the respondents. 7. Per contra, learned Counsel appearing for the respondents has argued in support of the impugned judgment and order and submits that petitioner who is serving in military has neglected his wife and children and they have taken shelter in their parents house. He submits that considering the cost of living, the monthly maintenance of Rs.20,000/- awarded to the respondents cannot be held to be on the higher side compared to the income of the petitioner. He submits that the wife has no independent source of income, and accordingly prays to dismiss the petition. 8. The relationship between the parties is not in dispute. Petitioner is serving in Indian Army and even according to the learned Counsel for the petitioner, his gross salary is - 7 - HC-KAR NC: 2026:KHC:5060 CRL.RP No. 551 of 2025 C/W CRL.RP No. 561 of 2025 Rs.87,000/- per month. Respondent no.1 is the wife of the petitioner and respondent nos.2 to 4 are his children. Considering the age of the children, it is apparent that all the children are now school going. It is not in dispute that the respondent-wife has no other independent source of income. 9. The material on record would go to show that the petitioner owns 4 acres 75 cents of coffee plantation in Sy. No.5/105 of Aluru village in Somavarpet Taluk, and he also owns 0.29 guntas of land in Sy. No.10/5 of Hodenuru village, Konanur Hobli, Arkalgud Taluk. The Appellate Court having appreciated the aforesaid aspects of the matter and also taking into consideration the cost of living, more so the educational expenses of the children has arrived at the conclusion that the amount of Rs.2,500/- per month granted to each of the respondents by the Trial Court as interim maintenance is on the lower side and has enhanced the interim maintenance to Rs.5,000/- each per month. In my considered view, having regard to the income of the petitioner and also the prevailing cost of living, it cannot be said that the interim maintenance awarded by the Appellate Court at the rate of Rs.5,000/- each - 8 - HC-KAR NC: 2026:KHC:5060 CRL.RP No. 551 of 2025 C/W CRL.RP No. 561 of 2025 per month to the respondents is on the higher side. Therefore, I do not find any good ground to entertain these two revision petitions. Accordingly, petitions are dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE KK