- 1 - HC-KAR NC: 2026:KHC:3000 CRL.P No. 10652 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 10652 OF 2024 BETWEEN: MRS. SOUMYA V., AGED ABOUT 37 YEARS W/O MR. UDAY KUMAR B., RESIDING AT NO. 24/A, 7TH CROSS 16TH MAIN ROAD, J.C.NAGAR KURUBARAHALLI BENGALURU – 560 086. …PETITIONER (BY SRI THONTADHARYA R. K., ADVOCATE) AND: 1. MR. UDAY KUMAR S/O BHEESAIAH AGED ABOUT 39 YEARS R/AT NO. 20, 6TH CROSS SRIGANDA NAGAR, NEAR BONU BANDE ANJANEYA TEMPLE, HEGGANAHALLI BENGALURU – 560 091. OFFICE AT, MONTE CARTO FASHIONS LIMITED NO. 48 AND 64, 8TH CROSS Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:3000 CRL.P No. 10652 of 2024 MSR NAGAR, CHIKKAMARENAHALLI ADJACENT TO PUNJAB NATIONAL BANK NEW BEL ROAD BENGALURU – 560 054. 2. MR. BHEESAIAH AGED ABOUT 72 YEARS R/AT NO. 20, 6TH CROSS SRIGANDA NAGAR, NEAR BONU BANDE ANJANEYA TEMPLE, HEGGANAHALLI BENGALURU – 560 091. 3. SMT. GOWRAMMA W/O BEESAIAH AGED ABOUT 60 YEARS R/AT NO. 20, 6TH CROSS SRIGANDA NAGAR, NEAR BONU BANDE ANJANEYA TEMPLE, HEGGANAHALLI BENGALURU – 560 091. …RESPONDENTS THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DTD 06.07.2024 IN CRL.MISC.NO.107/2024 PASSED BY THE HON’BLE JUDICIAL MAGISTRATE (TRAFFIC COURT-III), BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:3000 CRL.P No. 10652 of 2024 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question an order dated 06.07.2024, passed by the Judicial Magistrate (Traffic Court III), Bengaluru, in Crl.MisNo.107/2024, whereby, the application filed by the petitioner – wife under Sections 20 r/w. 23 of the Protection of Women from Domestic Violence Act, 2005, seeking a direction to the respondents to pay interim maintenance to the petitioner, comes to be dismissed against respondent Nos.2 and 3. 2. Learned counsel for the petitioner submits that the issue in the lis stands answered by an order passed by this Court in Crl.P.No.4710/2024, disposed on 19.06.2024. 3. This Court in Crl.P.No.4710/2024 has held as follows: “3. The petitioner is the wife of respondent No.1 and the daughter-in-law of respondent Nos.2 and 3 and the sister-in-law of respondent No.4 alleging while domestic violence as is defined under the Protection of Women from Domestic Violence Act, 2005 ('the Act' for short), the petitioner seeks to register an application before the concerned Court in Crl.Misc.No.62/2024. The concerned Court on going through application nips it in the bud by observing that the case does not even project any domestic violence. - 4 - HC-KAR NC: 2026:KHC:3000 CRL.P No. 10652 of 2024 4. A perusal at the complaint/application filed under Section 12 of the Act, there is abundant material to demonstrate prima facie that there was domestic violence by the respondents herein. A notice in the least or an enquiry in the least ought to have been conducted by the concerned Court nipping it in the bud by dismissing the complaint undoubtedly causes great prejudice to the wife - the applicant. If there is no case later found out, appropriate orders would be passed by the concerned Court not dismissing the complaint itself as maintenance, residence and all other interim reliefs, were also sought at the hands of the concerned Court by the petitioner-wife. 5. Since no notice was even issued to the respondents, I deem it appropriate to set aside the order impugned and restore the application before the concerned Court with a direction to the concerned Court to regulate its procedure and proceed further on its merit. In the light of the issue standing answered by the afore- quoted order, the petition deserves to succeed in the same terms. 4. For the reasons rendered in Crl.P.No.1832/2025, the following: ORDER a. The criminal petition is allowed. b. The impugned order dated 06.07.2024, passed by the Judicial Magistrate (Traffic Court-III), Bengaluru in - 5 - HC-KAR NC: 2026:KHC:3000 CRL.P No. 10652 of 2024 Crl.Misc.No.107/2024, insofar as dismissing the petition in Crl.Misc.No.107/2024 against respondent Nos.2 and 3, stands quashed. c. Crl.Misc.107/2024 stands restored to the file of the concerned Court and the concerned Court is directed to regulate its procedure and proceed further in accordance with law. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 8 CT:SS