IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 5’ DAY OF APRIL, 2011 BEFORE THE HON’BLE MR. JUSTICE V. JAGANNATHAN CRL.P.NO. 12087/2010 Between: Premchand S/o. Sahadevkumar Babaladi, Age 25 years. R/o.Kuchabalu, Bavoor Post, Muddebihal Tq., Bijapur Dist, Now residing at Bhavanipet, Solapur, Maharastra State Petitioner (By Sri.Vijav M.Malali Adv. for Hegde, Neeralgi & Patil, Adv.) And: Kamalaxi W/o.Premchand Babaladi. Age 22 years, R/o.Muddebihal tq., Kuchbal Village. Now residing at Sandur. District Bellarv. Respondent (By Sri.T.Kotresh, HCGP) This criminal petition is filed u/S.407 Cr.P.C. seeking to transfer the criminal Miscellaneous No, 112/2010 pending on the file of JMFC, Sandur, Dist.: Bellarv to any other Court within either Bellar district or Bijapur district. This petition coming on for orders this day, the Court made the following: ORDER This petition is by the husband under Section 407 of the Cr. P.C. seeking transfer of the case pending in Criminal Miscellaneous No.112/2010 on the file of the JMFC, Sandur. 2. The petitioner’s Counsel submits that, because the petitioner has gone for work to Solapur, Maharastra State, it is difficult for him to attend the court at Sandur and moreover, subsequent to the filing of the case by the husband, the respondent wife has filed a maintenance petition, therefore, the transfer is sought to any other court within Bijapur district. 3. Submission of Sri.T.Kotresh, learned counsel appearing for the respondent-wife, is that, the wife is staying at Sandur and it would be difficult for her to come to any place in Bijapur and moreover, she had got aged father to look after. Therefore, she has no objection if the case is transferred to either Kudalgi or Hospet and either of the two places will be convenient to both the parties. -3- 4. Having thus heard both sides and since the petitioners counsel submits that he has no objection for the case being transferred to Hospet, the present petition is allowed to the extent of the petitioner’s prayer being considered for transfer of the case from the court at Sandur and the case now will be heard and disposed of by the JMFC Court at Hospet, Bellary district. Petition is disposed of accordingly. Sd! Vnp* JUDGE