Karnataka High Court
Kallappa Alias Kalmesh vs Smt. Renuka W/O. Kallappa Alias Kalmesh ... on 1 August, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-D:9570
CRL.RP No. 100432 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 1ST DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
CRIMINAL REVISION PETITION NO. 100432 OF 2023
(397(CR.PC)/438(BNSS))
BETWEEN:
KALLAPPA @ KALMESH
S/O. BASAPPA DODDAMANI,
AGE: 55 YEARS, OCC: JNR. ENGINEER (ZP),
R/O: CHIKKANARTI, KUNDAGOL,
DIST: DHARWAD-581 113.
... PETITIONER
(BY SMT. RANJITA G. ALAGAWADI, ADVOCATE)
AND:
SMT. RENUKA
W/O. KALLAPPA @ KALMESH DODDAMANI,
AGE: 48 YEARS, OCC: HOUSEHOLD,
R/O: C/O. SHIVAPPA RAYAPPA GIRIYAPPANAVAR,
MADIHAL LAST CROSS, DHARWAD-580 001.
... RESPONDENT
(BY SRI. M.M. NAIKWADI, ADVOCATE)
RAKESH
S
HARIHAR THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION
Digitally signed by
397 R/W 401 OF CR.P.C. PRAYING TO THE IMPUGNED JUDGMENT AND
RAKESH S HARIHAR
Location: HIGH
COURT OF
ORDER PASSED BY THE LEARNED IV ADDITIONAL DISTRICT AND
KARNATAKA
DHARWAD BENCH
DHARWAD SESSIONS JUDGE, DHARWAD IN CRL. APPEAL NO.48/2022 DATED
23/09/2023 AND THE IMPUGNED JUDGMENT AND ORDER PASSED BY
THE LEARNED II ADDITIONAL CIVIL JUDGE, AND JMFC II, DHARWAD
IN CRL. MISC. NO.228/2011 DATED 17/03/2022 MAY PLEASE BE SET
ASIDE BY ALLOWING THIS REVISION PETITION IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ADMISSION THIS DAY,
ORDER IS MADE THEREIN AS UNDER:
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CRL.RP No. 100432 of 2023
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY)
This Criminal Revision Petition under Section 397 read
with Section 401 of Cr.P.C. is filed by the husband assailing
the order dated 23.09.2023 passed in Criminal Appeal
No.48/2022 by the Court of IV Additional District and
Sessions Judge, Dharwad, confirming the order dated
17.03.2022 passed by the Court of II Additional Civil Judge
and JMFC II, Dharwad in Criminal Miscellaneous
No.228/2011.
2. Heard the learned counsel for the parties.
3. Respondent - wife had filed Criminal
Miscellaneous No.228/2011 before the Court of II Additional
Civil Judge and JMFC II, Dharwad against the petitioner
herein under Section 12 of the Protection of Women from
Domestic Violence Act, 2005 seeking certain reliefs
including the relief of maintenance for herself and her son.
In the said proceedings, vide the order dated 17.03.2022
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passed in Criminal Miscellaneous No.228/2011, the learned
Magistrate allowed the petition in part and directed the
petitioner to pay a monthly maintenance of Rs.5,000/- and
also a sum of Rs.5,000/- towards rent to enable the
respondent to secure alternative accommodation. In
addition, acting under Section 22 of the Protection of
Women from Domestic Violence Act, the petitioner was
directed to pay a sum of Rs.3,00,000/- to the respondent
towards compensation and damages. The said order was
challenged by the petitioner before the jurisdictional
Sessions Court in Criminal Appeal No.48/2022 which was
dismissed by judgment and order dated 23.09.2023.
Assailing the aforesaid orders, the petitioner is before this
Court.
4. Learned counsel for the petitioner submits that
respondent has initiated a separate proceedings under
Section 125 of Cr.P.C. before the jurisdictional Family Court
seeking maintenance and in the said proceedings, a sum of
Rs.8,000/- has been awarded as maintenance to her. She
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submits that petitioner is also required to take care of his
aged parents. Therefore, she prays to reduce the
maintenance amount awarded to the respondent in the
present proceedings.
5. Per contra, learned counsel for the respondent
submits that petitioner is drawing a salary of Rs.67,000/-
per month and the total amount awarded for maintenance
and rental charges is only Rs.18,000/-. Respondent is
required to take care of her son who is pursuing his
engineering course. Accordingly, he prays to dismiss the
petition.
6. Petitioner is working as a Junior Engineer in Zilla
Panchayath, Dharwad and learned counsel for the petitioner
has fairly submitted that his gross salary is Rs.67,000/- per
month. According to him, after all deductions, his take
home salary is Rs.58,000/-. Undisputedly, the respondent -
wife has no independent income and she is also required to
take care of her son who is pursuing his engineering course.
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In the present proceedings, the trial Court has totally
awarded a sum of Rs.10,000/- per month to the respondent
towards maintenance and also towards rental charges. In
addition to the aforesaid amount of Rs.10,000/-, an amount
of Rs.8,000/- per month has been now awarded to the
respondent and her son in a separate proceeding initiated
by the respondent under Section 125 of the Cr.P.C. before
the jurisdictional Family Court.
7. Therefore, in all, a sum of Rs.18,000/- is
required to be paid by the petitioner every month to the
respondent and her son towards their maintenance and
rental charges. Even according to the learned counsel for
the petitioner, the take home salary of the petitioner is
Rs.58,000/- per month. Therefore, even if an amount of
Rs.18,000/- is paid by the petitioner to the respondent and
her son per month in the remaining amount of Rs.40,000/-
he can take care of himself and his aged parents, who
allegedly are staying with him. Therefore, I do not find any
good ground to interfere with the impugned judgment and
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order passed by the Courts below. Accordingly, the criminal
revision petition stands dismissed.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
RSH & VNP / CT: BCK
