IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.861/2014 BETWEEN SMT. BHAGYAMMA W/O K. CHITHAIAH, AGED: 38 YEARS, R/A RAMAPPANAHATTI, KANDIKERE HOBLI, CHIKKANAYAKANA HALLI TALUK, TUMKUR DISTRICT-572214. ... PETITIONER (BY SRI SHANKARANARAYANA BHAT, ADV.-ABSENT) AND K. CHITTHAIAH S/O KARIYAPPA, AGED: 52 YEARS, LECTURER IN GOVT. JUNIOR COLLEGE, SHIDLAGATTA, CHIKABALLAPURA DISTRICT-562101. ... RESPONDENT (RESPONDENT SERVED - UNREPRESENTED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO SET ASIDE THE ORDER PASSED BY THE V ADDL. DIST. AND S.J., TIPTUR IN CRL.R.P.NO.10009/2013 DATED 6.12.2013.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Learned counsel for the petitioner is absent.
2. Perused the records. Petitioner has sought to set aside the order passed by the 5th Additional District and Sessions Judge, Tiptur in Crl.RP.No.10009/2013 dated 06.12.2013 whereby, the Criminal Revision Petition filed by the petitioner came to be dismissed and the order passed by the learned JMFC, Chikkanayakanahally dated 07.09.2013 has been confirmed.
3. Learned Magistrate by order dated 02.09.2013 in C.Misc.21/2004 allowed the application filed by the petitioner herein under Section 125 of Cr.P.C. and directed the respondent to pay maintenance to petitioner No.1 in a sum of Rs.2,000/- per month till her life time and Rs.1,500/- per month to petitioner Nos.2 and 3 till they attain the age of majority.
4. Perusal of the said order reveals that learned Magistrate has considered the oral evidence adduced by the parties as well the documents produced by the petitioner in proof of means and capacity of the petitioner. The finding recorded by the trial Court is confirmed by the Revisional Court by recording acceptable reasons. Petitioner has not made out any justifiable reason to interfere with the concurrent findings recorded by the Courts below.
Consequently, petition is devoid of merits, is dismissed.
Sd/- JUDGE VM CT-HR