K. Srinivas Prasad Vs the State of Karnataka — Maintenance and Alimony | Karnataka HC (2025)

K. Srinivas Prasad Vs the State of Karnataka — Maintenance and Alimony | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Setting aside of the order dated 12.04.2021 passed in Criminal Misc. No.210/2015 by the 6th Additional Principal Judge, Family Court at Bangalore; permission to respondent No.2 to withdraw the Rs.10,00,000/- deposited before this Court, with the Registry directed to release the said amount to respondent No.2 on due identification (I.A.No.1/2025 allowed).

Issue for consideration

Whether the order dated 12.04.2021 passed by the VI Additional Principal Judge, Family Court, Bangalore, in C.MISC.210/2015 (committing the petitioner to prison in the proceeding under Section 125(3) of Cr.P.C.) should be set aside. +1 more

Court's answer

The criminal petition is allowed and the order dated 12.04.2021 passed in Criminal Misc. No.210/2015 by the 6th Additional Principal Judge, Family Court at Bangalore is set aside.

Ratio / Principle

Since the parties have settled the dispute and have filed a memorandum of settlement before the Family Court, Bangalore, respondent No.2 is permitted to withdraw the amount of Rs.10,00,000/- deposited before this Court in this petition.

Key takeaways

The Registry shall release the said amount to respondent No.2 on due identification, and I.A.No.1/2025 is allowed.ratio¶43

Detailed headnote1 paragraphs

High Court of Karnataka (Bengaluru), single-judge bench of Mohammad Nawaz, J., by oral order dated 18.11.2025 in CRL.P No. 10929 of 2024 (NC: 2025:KHC:47260), filed under S.482 Cr.P.C. and described as filed under S.528 BNSS, allowed the petition of K. Srinivas Prasad challenging the order dated 12.04.2021 of the VI Additional Principal Judge, Family Court, Bangalore in C.MISC.210/2015, whereby he had been committed to prison in a proceeding initiated by respondent No.2 (P. Archana Pandey) under Section 125(3) of Cr.P.C. Earlier, by order dated 11.11.2024 the petitioner had been directed to deposit Rs.10,00,000/-, and on 14.11.2024 an interim stay of the trial court's order was granted upon such deposit. On the joint, undisputed submission of counsel that the parties had settled their disputes in M.C.No.2129/2023 before the same Family Court (memorandum of settlement filed; petitioner agreeing to pay Rs.75,00,000/-, of which Rs.65,00,000/- was already paid), the Court permitted respondent No.2 to withdraw the Rs.10,00,000/- deposited before it, allowed I.A.No.1/2025, and directed the Registry to release the amount on due identification, while setting aside the order dated 12.04.2021. The consequential order dated 02.09.2024 in C.MISC.210/2015, though named in the prayer, was not separately dealt with in the final order. No precedent was cited or discussed.

NC: 2025:KHC:47260 CRL.P No. 10929 of 2024

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

CRIMINAL PETITION NO. 10929 OF 2024

BETWEEN:

K. SRINIVAS PRASAD S/O LATE KANOJ LAKSHMANA PRASAD, AGED ABOUT 58 YEARS, R/AT NO. 3/325/1, NALLAGUTTA STREET, KADIRI, ANANTHAPUR DIST., ANDHRA PRADESH 515 591.

…PETITIONER

(BY SRI. SHRAVAN MADHAV K P., ADVOCATE)

AND:

Digitally signed by LAKSHMI T Location: High Court of Karnataka

THE STATE OF KARNATAKA BY DIRECTOR GENERAL, PRISONS AND CORRECTIONAL SERVICES, AT NO.4, SHESHADRI ROAD, GANDHINAGAR, BANGALORE - 560 009 REPRESENTED BY THE PUBLIC PROSECUTOR

P. ARCHANA PANDEY W/O K. SRINIVAS PRASAD, D/O PARASURAM PANDEY, AGED ABOUT 44 YEARS, R/AT NO. 159/6 (OUT HOUSE),

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NC: 2025:KHC:47260 CRL.P No. 10929 of 2024

HC-KAR

19^TH MAIN, I BLOCK, RAJAJINAGAR, BANGALORE - 560 010.

…RESPONDENTS

(BY SRI.B.N.JAGADEESH., ADDL. SPP FOR R1 SMT. JAMUNA BAI., ADVOCATE FOR R2)

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 12.04.2021 PASSED BY THE VI ADDITIONAL PRL. JUDGE, FAMILY COURT, AT BANGALORE IN C.MISC.210/2015 AND CONSEQUENTLY SET ASIDE ORDER DATED 02.09.2024 PASSED BY THE VI ADDITIONAL PRL. JUDGE, FAMILY COURT, AT BANGALORE IN C.MISC.210/2015 (AT ANNEXURE-E) AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

ORAL ORDER

Heard the learned counsel for petitioner, learned counsel for respondent No.2 and perused the material on record.

In a proceeding initiated by the respondent

under Section 125(3) of Cr.P.C., the Family Court Judge at Bangalore vide order dated 12.04.2021 ordered to commit

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NC: 2025:KHC:47260 CRL.P No. 10929 of 2024

HC-KAR

the petitioner to prison, which order is assailed in this petition.

This Court vide order dated 11.11.2024 directed

the petitioner to deposit a sum of Rs.10,00,000/-. Further, on 14.11.2024, since the petitioner deposited the said amount, granted an interim order of stay of the order passed by the trial court.

The learned counsel appearing for both the parties would submit that the matter has been settled in M.C.No.2129/2023 before 6^th Addl. Principal Judge, Family Court at Bangalore and memorandum of settlement is already filed. They further submit that the petitioner has agreed to pay a sum of Rs.75,00,000/- to the respondent and out of the said amount Rs.65,00,000/- is already paid, which submission is not disputed by the learned counsel for respondent No.2.

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NC: 2025:KHC:47260 CRL.P No. 10929 of 2024

HC-KAR

Respondent No.2 has filed I.A.No.1/2025 to

release the amount of Rs.10,00,000/- deposited by the petitioner before this Court on 02.12.2024.

Since it is submitted that the parties have settled the dispute and they have filed memorandum of settlement before the Family Court, Bangalore, the respondent is permitted to withdraw the amount of Rs.10,00,000/- which is deposited before this Court, in this petition.

The Registry shall release the said amount to respondent No.2, on due identification. I.A.No.1/2025 is allowed.

Accordingly, the criminal petition is allowed ,

setting aside the order dated 12.04.2021 passed in Criminal Misc. No.210/2015 by the 6^th Additional Principal Judge, Family Court at Bangalore.

Sd/(MOHAMMAD NAWAZ)

JUDGE

KLY