Smt Amrutha R Vs Sri Sandesh R Gowda @ Sandesh R

SMT. AMRUTHA R., W/O SANDESH R. GOWDA @ SANDESH R, AGED ABOUT 32 YEARS, KATTEKYATANAHALLI VILLAGE, AKKIHEBBALU HOBLI, K.R. PETE TALUK, MANDYA DISTRICT. NOW RESIDING WITH FATHER SRI. RAMAKRISHNA ‘HOMBALE’, VENKATARAMANA TEMPLE OPP. ROAD, SREE LAKSHMI VENKATESWARA BADAVANE, BANK COLONY, CHITRADURGA-577 501.

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…PETITIONER

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(BY SRI. JAYANNA G.R., ADVOCATE)

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AND:

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SRI. SANDESH R. GOWDA @ SANDESH R., S/O RAMAKRISHNA GOWDA, AGED ABOUT 37 YEARS, KATTEKYATANAHALLI VILLAGE, AKKIHEBBALU HOBLI, K.R.PETE TALUK, MANDYA DISTRICT-571 601.

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…RESPONDENT

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(NOTICE ISSUED TO RESPONDENT IS HELD SUFFICIENT VIDE ORDER DATED 07.01.2025)

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2 - NC: 2025:KHC:9966 CRL.P No. 5956 of 2024 C/W CRL.P No. 6003 of 2024

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 407 OF CR.PC PRAYING TO TRANSFER THE CRL.MISC.NO.41/2023 PENDING BEFORE THE HONBLE SENIOR CIVIL JUDGE AND JMFC, K.R. PETE, TO HON’BLE SENIOR CIVIL JUDGE AND JMFC, CHITRADURGA, BY ALLOWING THIS PETITION.

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IN CRL.P.NO.6003/2024:

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BETWEEN:

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SMT. AMRUTHA R., W/O SANDESH R. GOWDA, AGED ABOUT 33 YEARS, THANDAVESWARA, JAYANAGARA BADAVANE, K.R. PETE TALUK, MANDYA DISTRICT.

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NOW RESIDING WITH FATHER SRI. RAMAKRISHNA, ‘HOMBALE’, VENKATARAMANA TEMPLE OPP. ROAD, SREE LAKSHMI VENKATESWARA BADAVANE, BANK COLONY, CHITRADURGA-577 501.

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...PETITIONER

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(BY SRI. JAYANNA G.R., ADVOCATE)

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AND:

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SRI. SANDESH R. GOWDA, S/O K.M.RAMAKRISHNA, AGED ABOUT 35 YEARS, KATTEKYATANAHALLI VILLAGE, AKKIHEBBALU HOBLI, K.R. PETE TALUK, MANDYA DISTRICT-571 605.

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...RESPONDENT

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(NOTICE ISSUED TO RESPONDENT IS HELD SUFFICIENT, VIDE ORDER DATED 10.03.2025)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 407 OF CR.PC PRAYING TO TRANSFER THE CRL.MISC.NO.168/2023

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3 - NC: 2025:KHC:9966 CRL.P No. 5956 of 2024 C/W CRL.P No. 6003 of 2024

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PENDING BEFORE THE HON’BLE SENIOR CIVIL JUDGE AND JMFC, K.R. PETE, MANDYA DISTRICT TO HON’BLE SENIOR CIVIL JUDGE AND JMFC, CHITRADURGA BY ALLOWING THIS PETITION.

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THESE PETITIONS COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

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ORAL ORDER

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These petitions are filed under Section 407 of Cr.P.C. In Crl.P.No.5956/2024, prayer is sought to transfer Crl.Misc.No.41/2023, pending before the Senior Civil Judge and JMFC, K.R.Pete, Mandya District to the Senior Civil Judge and JMFC, Chitradurga by allowing the said petition. In Crl.P.No.6003/2024, prayer is sought to transfer Crl.Misc.No.168/2023, pending before the Senior Civil Judge and JMFC, K.R.Pete, Mandya District to the Senior Civil Judge and JMFC, Chitradurga by allowing the said petition. Crl.Misc.No.41/2023 is filed under Section 12(2) of the Protection of Women from Domestic Violence Act (‘DV Act’ for short) and Crl.Misc.No.168/2023 is filed under Section 31(2) of the DV Act.

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The learned counsel for the petitioner submits that this Court in Civil Petition No.225/2024 vide order dated 07.01.2025 allowed the said petition by transferring

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NC: 2025:KHC:9966 CRL.P No. 5956 of 2024 C/W CRL.P No. 6003 of 2024

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4 -

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M.C.No.78/2022, pending before the Court of the Senior Civil Judge, K.R.Pete to the Court of the Senior Civil Judge, Chitradurga. The learned counsel submits that these two petitions may also be transferred to the very same Court and the matter could be considered in the very same Court.

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This Court has issued notice to the respondent in

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both the cases and the records discloses that the respondent evaded the service of notice and hence notice was affixed in his house and work station i.e., petrol bunk of the respondent. Having considered the factual aspects of the case, the dispute is interse between the husband and wife and this Court in Civil Petition No.225/2024 vide order dated 07.01.2025 has transferred M.C.No.78/2022 to the Court of the Senior Civil Judge, Chitradurga and these two petitions are also arising out of Domestic Violence Act and the same could be considered before the very same Court at Chitradurga. Though the husband is residing within the jurisdiction of K.R.Pete, having considered the issue between the parties, the husband can travel to Chitradurga and not the wife and hence it is appropriate to direct the Court of the Senior Civil Judge and JMFC, K.R.Pete, Mandya District to transfer Crl.Misc.No.41/2023

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and Crl.Misc.No.168/2023 to the Court of the Senior Civil Judge

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5 - NC: 2025:KHC:9966 CRL.P No. 5956 of 2024 C/W CRL.P No. 6003 of 2024

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and JMFC, Chitradurga for consideration of both the petitions and the matter could be considered in the very same Court including M.C. petition.

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Both the criminal petitions are allowed.

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Crl.Misc.No.41/2023 and Crl.Misc.No.168/2023, pending before the Court of the Senior Civil Judge and JMFC, K.R.Pete, Mandya District are withdrawn and directed to transfer the same to the Court of the Senior Civil Judge and JMFC, Chitradurga for consideration of the same in accordance with law.

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Sd/(H.P.SANDESH) JUDGE

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MD

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List No.: 1 Sl No.: 44

Smt Amrutha R v. Sri Sandesh R Gowda @ Sandesh R

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Smt Amrutha R v. Sri Sandesh R Gowda @ Sandesh R

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