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2026 DAILYLAW 5753 (KAR)

SHRI GURURAJ S/O. ASHOK HOLLENNAVAR v. SMT PADMA W/O GURURAJ HOLLENNAVAR

CRL.P/102803/2025 · 2026-02-06

V Srishananda

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:1751 CRL.P No. 102803 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 6TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 102803 OF 2025 (407(CR.PC)/447(BNSS)) BETWEEN: SHRI GURURAJ S/O. ASHOK HOLLENNAVAR AGE. 29 YEARS, OCC. PRIVATE WORK, R/O. GIRISH NAGAR, TQ. JAMAKHANDI, DIST. BAGALKOT-587301. …PETITIONER (BY SRI. MANIKANTH, ADVOCATE FOR SRI CHETAN T. LIMBIKAI, ADVOCATE) AND: SMT.PADMA W/O GURURAJ HOLLENNAVAR AGED ABOUT 26 YEARS, OCC. HOUSEHOLD WORK, R/O. GIRISH NAGAR, TQ. JAMAKHANDI, DIST. BAGALKOT-587301, R/O. BHAGYA NAGAR, SHEPHERD MISSION SCHOOL, GOKAK. …RESPONDENT (BY SRI. SACHIDANAND PATIL, ADVOCATE FOR SRI. PRASHANT MATHAPATI, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 407 OF CR.P.C. (447 OF BNSS), SEEKING TO PASS AN ORDER OF TRANSFERRING THE CRL.MISC.NO.280/2025 PENDING ON THE FILE OF THE PRL.CIVIL JUDGE AND JMFC COURT, AT GOKAK, BELAGAVI TO THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC COURT, AT JAMAKHANDI, BAGALKOT, IN THE INTEREST OF JUSTICE. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATKA DHARWAD BENCH Date: 2026.02.12 16:10:49 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1751 CRL.P No. 102803 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Manikanth on behalf of Sri Chetan T.Limbikai, learned counsel for petitioner and Sri Sachidanand Patil for Sri Prashant Mathapati, learned counsel for respondent. 2. Petition under Section 447 BNSS with the following prayer. “To pass an order of transferring the Crl.Misc.No.280/2025 pending on the file of the Prl.Civil Judge and JMFC Court, at Gokak, Belagavi to the Court of the Senior Civil Judge and JMFC Court, at Jamakhandi, Bagalkot.” 3. Facts of the case which are utmost necessary for disposal of the present petition are as under: 3.1 Petitioner is the husband who is the respondent in the Crl.Misc.No.280/2025 seeking grant of maintenance filed by his wife Smt.Padma. - 3 - HC-KAR NC: 2026:KHC-D:1751 CRL.P No. 102803 of 2025 3.2 A criminal case pending between the parties at Mudhol. When the matter stood thus, respondent-wife shifted herself to Gokak and she filed a petition for grant of maintenance on the file of the JMFC, Gokak. 3.3 Petitioner being the husband, he is unable to travel from Mudhol to Gokak on every date of hearing and therefore, seeking the transfer of the proceedings from Gokak to Jamkhandi. 4. Learned counsel for the petitioner also emphasizes that false address has been given at Gokak only to harass the petitioner and respondent is not residing at Gokak and she is actually residing in Mudhol and therefore, pending maintenance proceedings is to be transferred from Gokak to Mudhol. 5. Per contra, learned counsel for the respondent-wife submits that petitioner is residing in Gokak and therefore, petition is maintainable. 6. Grievance of the petitioner is that the distance between Jamkhandi to Gokak is 90 kilometres and therefore, he - 4 - HC-KAR NC: 2026:KHC-D:1751 CRL.P No. 102803 of 2025 is unable to effectively attend the criminal proceedings in Crl.Misc.No.280/2025 on the file of Court at Gokak. 7. Such an apprehension of the petitioner can be quelled by directing the petitioner to appear before the Court at Gokak through videoconferencing facility. 8. If the petitioner files such an application, the Court at Gokak shall consider the same and permit the petitioner to appear through video conference and effectively conduct the case strictly in accordance with the Video Conferencing Rules. 9. With that observation, following: ORDER Petition is dismissed. Sd/- (V.SRISHANANDA) JUDGE CLK CT-CMU LIST NO.: 1 SL NO.: 40