Karnataka High Court
Smt. Yamuna Sogalada @ Suprita vs State Of Karnataka on 24 February, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2025:KHC:8411
WP No. 23793 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 23793 OF 2024 (GM-RES)
BETWEEN:
1. SMT. YAMUNA SOGALADA @ SUPRITA
D/O ASHOK DAADI
W/O SIDDAPPA
AGED ABOUT 24 YEARS
2. SADYOJATA SOLAGADA
S/O SIDDAPPA
AGED ABOUT 7 YEARS
REPRESENTED BY HIS GUARDIAN
MOTHER
SMT YAMUNA SOGALADA
BOTH PETITIONERS R/AT SHRI DURGA NILAYA
TIMMA KATTE, KAPIKAD, HALEYANGADI
KERMAL POT, MANGALORE TALUK
DAKSHINA KANNADA - 574 146.
...PETITIONERS
(BY SRI. P.P. HEGDE, SENIOR ADVOCATE FOR
Digitally SMT. RACHITHA RAJSHEKAR, ADVOCATE)
signed by
LEELAVATHI AND:
SR
Location: 1. STATE OF KARNATAKA
High Court of
Karnataka THROUGH SECRETARY
HOME DEPARTMENT
VIDHANA SOUDHA
BANGALORE - 560 001.
2. CITY POLICE COMMISSIOENR
BELAGAVI - 590 001.
3. COMMISSIONER OF POLICE
MANGALORE
DAKSHINA KANNADA 575 001.
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NC: 2025:KHC:8411
WP No. 23793 of 2024
4. SUPERINTENDENT OF POLICE
BELAGUAM DISTRICT - 591 115.
5. INSPECTOR GENERAL OF POLICE
KITTUR POLICE STATION
BELAGUAM - 590 001.
6. MR SIDDAPPA SOGALAD
S/O DURGAPAP SOGALAD
AGED ABOUT 29 YEARS
RA/T GUDIKOTBAGI VILLAGE
KALABADI POST, KITTUR TALUK
BELAGAVI DISTRICT - 591 115.
...RESPONDENTS
(BY SRI. THEJESH.P, HCGP FOR R-1 TO R-5
SMT. SOWMYA SRIDHAR, ADVOCATE FOR R-6)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONTITUTION OF INDIA, 1950 READ WITH SECTION 482 OF THE CPC,
1973, PRAYING TO DIRECT THE R-1 TO 5 TO EXECUTE THE FLW DTD
5.07.2023 ISSUED BY THE COURT OF CIVIL JUDGE AND JMFC,
MOODBIDRI IN CRL. MISC NO. 34/2022 PENDING ON THE FILE OF CIVIL
JUDGE AND JMFC, MOODABIDRI VIDE ANNX-D.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioners have sought for the following reliefs:-
"1. Issue writ directing the Respondent No. 1 to 5 to execute the FLW dated 05/07/2023 issued by the Court of Civil Judge and JMFC, Moodbidri in Crl. Misc No.34/2022 pending on the file of Civil Judge and JMFC, Moodabidri vide Annexure 'D'.-3-
NC: 2025:KHC:8411 WP No. 23793 of 2024
2. Issue appropriate writs/orders/directions laying guidelines for proper and swift enforcement and recovery of the order of maintenance passed by the Courts under Section 125 CrPC (and Sec 144 of BNSS) and Section 12 of the Protection of Women from Domestic Violence Act, 2005, including guidelines for recovery of the arrears of maintenance from the salary of the concerned respondents who are public/government servants employed with the Central/State Governments and their instrumentalities.
3. Issue appropriate writs or orders providing for the swift execution of the coercive orders including FLW, NBWs, etc issued by the Courts in execution proceedings initiated for recovery of arrears of maintenance passed by the Courts under Section 125 CrPC (and Sec 144 of BNSS) and Section 12 of the Protection of Women from Domestic Violence Act, 2005, including guidelines for execution of warrants against public/government servants employed with the Central/State Governments and their instrumentalities.
4. Issue appropriate writs or orders directing the Trial Court to dispose of the Crl. Misc No.34/2022 pending on the file of Civil Judge and JMFC, Moodbidri vide Annexure 'B' within the time limit fixed by this Hon'ble Court.
5. Grant such other reliefs/Orders/Directions that this Hon'ble Court deems fit in the facts and circumstances of the present case in the interest of justice and equity."
2. The grievance of the petitioners in the present petition is that despite issuance of FLW, NBW and other coercive measures -4- NC: 2025:KHC:8411 WP No. 23793 of 2024 issued by the trial court in Crl.Mis.No.34/2022 filed by the petitioners against the 6th respondent, the said measures are not being enforced by respondents 1 to 5 - police authorities and as such, the petitioners are before this Court by way of the present petition.
3. Heard learned Senior counsel for the petitioners, learned HCGP for respondents 1 to 5 as well as learned counsel for 6th respondents and perused the material on record.
4. Learned HCGP for the respondents-State, on instructions, submits that respondents 1 to 5 would abide by the directions issued by this Court and take necessary steps to execute / implement and enforce the measures including the FLW, NBW issued by the trial court against the 6th respondent in accordance with law.
5. In view of the aforesaid facts and circumstances, I deem it just and appropriate to dispose of this petition by directing the respondents 1 to 5-police authorities to execute, enforce and implement the FLW, NBW and other coercive measures issued by -5- NC: 2025:KHC:8411 WP No. 23793 of 2024 the trial court in Crl.Misc.No.34/2022 in accordance with law against the 6th respondent within a period of one month from today.
6. Subject to the aforesaid directions, petition stands disposed of.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE Srl.