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2026 DAILYLAW 5921 (KAR)

SMT SHOBHA v. SOMASHAKHAR S/JO BASAYYA HIREMATH

CRL.P/103633/2023 · 2026-02-11

V Srishananda

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:2080 CRL.P No. 103633 of 2023 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 103633 OF 2023 (482(CR.PC)/528(BNSS)) BETWEEN: SMT. SHOBHA, WIFE OF SOMASHEKHAR HIREMATH, AGED ABOUT 35 YEARS, RESIDING AT . BENAKATTI, TQ. DIST. DHARWAD, PRESENTLY RESIDING AT BANAGAR ONI, NEAR MURUGHAMATH, DHARWAD-580001. …PETITIONER (BY SRI. B.D.NARASAGOND AND SRI. MALLIKARJUN B. MADANALLI, ADVOCATES) AND: 1. SOMASHAKHAR, S/O BASAYYA HIREMATH AGE. 38 YEARS, OCC. SENIOR ACCOUNT OFFICER, RESIDINGA AT. AT POST NIGADI, BENAKATTI VILLAGE, TQ. DIST. DHARWAD-580001. 2. BASAYYA S/O RACHAYYA HIREMATH, AGE. 4 YEARS, OCC. RET. EMPLOYEE, RESIDINGA AT. AT POST NIGADI, BENAKATTI VILLAGE, TQ. DIST. DHARWAD-580001. 3. SMT. GANGAVVA W/O BASAYYA HIREMATH AGE. 62 YEARS, OCC. HOUSE HOLD, RESIDINGAT . AT POST NIGADI, BENAKATTI VILLAGE, TQ.DIST. DHARWAD-580001. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.13 15:47:38 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2080 CRL.P No. 103633 of 2023 4. VIJAYALAXMI @ MEENAXI, W/O CHANNAYYA GADDADEVARMATH AGE. 41 YEARS, OCC. HOUSE HOLD, RESIDINGA AT. POST GULAGANJIKOPPA VILLAGE, TQ. LAKSHMESHWAR, DIST. GADAG-580001. 5. CHANNAYYA, S/O FAKKIRAYYA GADDADEVARMATH AGE. 44 YEARS, OCC. AGRICULTURE, RESIDINGA AT: AT POST GULAGANJIKOPPA VILLAGE, TQ. LAKSHMESHWAR, DIST. GADAG-580001. …RESPONDENTS (BY SRI. G.S. SAVADATTI, ADVOCATE FOR R1 TO R4; NOTICE SERVED TO R5) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO ALLOW THIS PETITION AND SET ASIDE THE ORDER OF THE TRIAL COURT DATED 27.06.2023 PASSED BY THE II ADDL. CIVIL JUGE AND JMFC II COURT AT DHARWAD IN CRIMINAL MISC. NO. 35/2019 AND ALLOW THE APPLICATION FILED BY THE PETITIONER APPLICATION U/SEC. 91 AND 311 OF CR.P.C. R/W SEC. 28 OF PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT 2005 AND ETC. THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri B.D.Narasagond for Sri Mallikarjun B.Madanalli, learned counsel for petitioner. 2. The order under challenge is the rejection of the application filed by the petitioner to summon the salary - 3 - HC-KAR NC: 2026:KHC-D:2080 CRL.P No. 103633 of 2023 certificate of the respondent from Shakunt Enterprises Private Limited. 3. Similar application was filed earlier by the petitioner and same was allowed and pursuant to the said order of the trial Court, Shakunt Enterprises Private Limited filed a letter before the Court. The contents of the said letter reads as under: “This letter is on the behalf of your letter No.15/2022 received on dated 01.02.2022 for producing the Salary Certificate of Sri Somashekar S/o Basayya Hiremath. I would like to confirm you that above said person is not part of our organization. As per our company records his last day of working was 15.12.2021 with us.” 4. When there is a specific mention that the respondent is not working with the Shakunt Enterprises Private Limited, filing a similar application to get the salary certificate would not arise and rightly rejected by the learned trial Magistrate. 5. Accordingly, there is no scope for interference in respect of impugned order. However, if the petitioner gets the information that the respondent is employed in any other organisation, he may file necessary application with necessary - 4 - HC-KAR NC: 2026:KHC-D:2080 CRL.P No. 103633 of 2023 particulars to summon the salary particulars of the respondent in the new concern. 6. With that observation, following: ORDER i. Petition is dismissed. ii. In view of disposal of petition, pending interlocutory application, if any, do not survive for consideration and accordingly disposed of. Sd/- (V.SRISHANANDA) JUDGE CLK CT:CMU LIST NO.: 1 SL NO.: 52