- 1 - HC-KAR NC: 2026:KHC:14494 CRL.RP No. 13 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 13 OF 2022 (397(Cr.PC) / 438(BNSS) BETWEEN: SRI KISHORE S/O LATE SUDHAKAR AGED ABOUT 39 YEARS R/O NO.28, CHINNAPPA COLONY OPP TO FCI GODOWN VIJINAPURA, BANGALORE - 560 016. …PETITIONER (BY SRI SUPREETH S, ADV.) AND: SMT. RADHIKA W/O KISHORE AGED ABOUT 39 YEARS R/O B-5, 60/1, 15TH MAIN HAL 2ND STAGE, INDIRANAGAR BANGALORE - 560 008. …RESPONDENT (BY SRI MOHD. USMAN SHAIKH, ADV.) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 05.08.2021 IN CRL.A.NO.447/2019 PASSED BY THE LIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-60) AND JUDGMENT DATED 05.11.2018 PASSED IN CRL.MISC.NO.45/2013 PASSED BY THE I-MMTC, MAYO HALL, BANGALORE ONLY IN SO FAR AS IT RELATES TO THE COMPENSATION PAYABLE TO THE RESPONDENT HEREIN.I.A.NO.1/2021 FOR I.A.NO.1/2021 FILED BY THE ADVOCATE FOR THE PETITIONER PRAYING TO STAY THE EXECUTION OF THE JUDGMENT DATED 05.08.2021 PASSED IN CRL.A.NO.447/2019 PASSED BY THE LIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-60), FOR THE REASONS STATED THEREIN. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14494 CRL.RP No. 13 of 2022 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER 1. Revision petition is by the husband having suffered an order under Section 12, 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005 in Crl.Misc.No.45 of 2013 confirmed in Criminal Appeal No.447 of 2019. 2. Sri Supreeth S, learned counsel for the revision petitioner would contend that the order of trial Magistrate confirmed by the First Appellate Court is complied under protest taking note of the pending divorce petition between the parties which is now before this Court in MFA No.1411/2019. 3. At the outset, Sri Supreeth S would contend that since the child that was born in the wedlock is no more. As such, on merits there is not much scope to be addressed in the present revision petition. 4. However, he expresses an apprehension that the finding recorded by both the Courts and observation made - 3 - HC-KAR NC: 2026:KHC:14494 CRL.RP No. 13 of 2022 while recording the said finding may come in the way of disposal of the divorce petition between the parties on merits. 5. In reply, Sri Mohd Usman Shaikh, learned counsel for the wife would submit that grounds of divorce has got nothing to do with the finding recorded by the learned trial Magistrate while exercising the power under the provisions of Protection of Women from Domestic Violence Act, 2005 and it is a distinct relief that has been obtained by the wife in the attended facts and circumstance of the case. Therefore, the apprehension of the petitioner is totally uncalled for. 6. Taking note of the rival contentions of the parties, this Court perused the material on record meticulously. 7. On such perusal of the material on record, impugned order needs no interference as there is no error of jurisdiction or patent factual error. 8. If an observation is made that the finding recorded by trial Magistrate which is confirmed by the First Appellate Court shall not affect the merits of the divorce petition pending - 4 - HC-KAR NC: 2026:KHC:14494 CRL.RP No. 13 of 2022 in the aforesaid Miscellaneous First Appeal, ends of justice would be met. 9. Accordingly, the revision petition dismissed. However, it is made clear that the observations made by the trial Magistrate, confirmed by the First Appellate Court, while dealing with the petition filed by the wife under the provisions of Protection of Women from Domestic Violation Act shall not affect the merits of the grounds and the objections raised in the pending divorce proceedings now pending in MFA No.1411 of 2019. Ordered accordingly. Sd/- (V SRISHANANDA) JUDGE NMS List No.: 1 Sl No.: 21