IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.2081/2017 C/W CRIMINAL PETITION NO.2306/2017 IN CRL.P.NO.2081/2017: BETWEEN:
1. MAHABALESHWARAPPA C S/O SHIVARUDRAPPA AGED ABOUT 57 YEARS SENIOR MANAGER PRAGATHI KRISHNA GRAMEENA BANK.
2. SMT. DAKSHAYANI W/O MAHABALESHWARAPPA AGED ABOUT 49 YEARS GOVT. HIGH SCHOOL TEACHER BOTH ARE RESIDING AT “AVVAA NILAYA” VINOBHA NAGAR SHIVAMOGGA-581 120.
3. TARAKESHWARAPPA S/O PARAMESHWARAPPA AGED ABOUT 48 YEARS CIVIL ENGINEER R/AT HOSAPETE HAKKALU SORABA TALUK SHIVAMOGGA DISTRICT-581 120.
4. SMT. GEETHA W/O THARKESHWARAPPA AGED ABOUT 42 YEARS R/O HOSPETE HAKKALU SORABA TALUK, SORABHA-581 120.
5. SHANKARA BIDARI S/O KARIYAPPA AGED ABOUT 41 YEARS R/O TILUVALLI GRAMA R.M.P. DOCTOR HANGAL TALUK HAVERI DISTRICT-581 190.
6. ROOPA @ ANITHA W/O SHANKARA BIDIRI AGED ABOUT 40 YEARS ASST. TEACHER S.G.N. HIGH SCHOOL SUDAMBI BYADAGI TALUK HAVERI DISTRICT-581 190 (BY SRI. SHANKARAPPA, ADVOCATE) AND:
SMT. SUMALATHA W/O LATE CHANDAN D/O VANAJAKSHAMMA AGED ABOUT 26 YEARS MARKET ROAD, NEAR SRI TALKIES, SAGAR TOWN SAGAR TALUK, SHIVAMOGGA DISTRICT-581 120.
... PETITIONERS ... RESPONDENT (BY SRI. VISHWANATH R. HEGDE, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC. PRAYING TO SET ASIDE THE ORDER PASSED BY THE III ADDITIONAL SESSIONS JUDGE, SHIVAMOGGA IN CRL.A.NO.54/2016 DATED 22.02.2017 AND CONSEQUENTLY THE ORDER PASSED BY THE PRINCIPAL CIVIL JUDGE, JMFC, SAGAR IN CRL.MISC.120/2016 DATED 25.05.2016.
IN CRL.P.NO.2306/2017:
BETWEEN:
ANNAPOORNAMMA W/O SHIVASHANKARAPPA AGED ABOUT 69 YEARS PRESENTLY RESIDING AT “AVVAA NILAYA”
VINOBHA NAGAR SHIVAMOGGA PERMANENTLY RESIDING AT ANAVATTI VILLAGE HANAGAL ROAD SORABA TALUK-572 196.
..PETITIONER (BY SRI. SHANKARAPPA, ADVOCATE) AND:
SMT. SUMALATHA W/O LATE CHANDAN D/O VANAJAKSHAMMA AGED ABOUT 26 YEARS MARKET ROAD, NEAR SRI TALKIES, SAGAR TOWN SAGAR TALUK, SHIVAMOGGA DISTRICT-572196.
... RESPONDENT (BY SRI. VISHWANATH R. HEGDE, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.PC. PRAYING TO SET ASIDE THE ORDER PASSED BY THE III ADDL. S.J., SHIVAMOGGA IN CRL.A.54/2016 DATED 22.02.2017 AND CONSEQUENTLY THE ORDER PASSED BY THE PRL. CIVIL JUDGE, JMFC, SAGAR AT SHIVAMOGGA IN CRL. MISC.NO.125/2016 DATED 25.05.2016.
THESE CRIMINAL PETITIONS ARE COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Office objection regarding maintainability requires to be sustained, inasmuch as, order passed by the Appellate Court under Section 29 of Protection of Women from Domestic Violence Act, 2005, having attained finality, extraordinary jurisdiction of this Court cannot be invoked. Petitioner would be at liberty to challenge the same by filing appropriate revision petition. Hence, reserving liberty to the petitioner to challenge the order dated 22.02.2017 passed by III Additional Sessions Judge, Shivamogga, in Crl.A.No.54/2016, this criminal petition viz., Crl.P.No.2081/2017 stands dismissed as not maintainable.
2. Insofar as, Crl.P.No.2306/2017 is concerned, which is filed against the order referred to hereinabove, petitioner would be at liberty to seek for variation, modification of the order passed by the learned Magistrate on 25.05.2016 in Crl.Misc.No.125/2016, by placing such material on record and in the event of such application being filed, learned Magistrate shall consider the same irrespective of the order passed in Crl.A.No.54/2016 dated 22.02.2017 and subject to petitioner continuing to deposit the amount as ordered every month on or before 10th of the succeeding month and only in the event of such amount being deposited, trial Court shall examine the application on merits and not otherwise.
3. Sri. Shankarappa, learned counsel appearing for petitioners vehemently opposes for the amount in deposit in this petition being released in favour of respondent. Said contention is not accepted in view of the fact that respondent is the daughter-in-law of Smt. Annapoornamma, who is petitioner in both the cases.
4. Amount in deposit before this Court is ordered to be paid to the respondent - Smt. Sumalatha by the Registry on proper identification by issuing cheque forthwith, which would be subject to result of proceedings pending before jurisdictional Magistrate.
Accordingly, Crl.P.No.2306/2017 stands disposed of as not maintainable.
SD/- JUDGE DR