Karnataka high court High Court of Karnataka in Bangalore on Saturday.
No person shall be arrested in a routine or mechanical manner in any offence arising out of a matrimonial dispute, including an offence under Section 498-A of Indian Penal Code (Section 85 of Bharatiya Nyaya Sanhita, 2023), and more generally in any offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years, Justice Suraj Govindaraj specified in his order passed on Aug 4. Court Orders Police To Pay Rs 9L Compensation In the case on hand, Justice Govindaraj held that issuance of lookout circular against Naveen Kumar J, his arrest and detention on Aug 16, 2014, and seizure of his passport were illegal and in violation of Sections 41, 41-A and 438(3) of CrPC, Passports Act, 1967, and Fundamental Right of Personal Liberty under Article 21 of the Constitution, while directing commissioner of police, Bengaluru city, to pay him Rs 5 lakh as compensation. On March 10, 2014, she lodged a complaint at Vidyaranyapura police station, alleging offences under IPC Section 498A, Sections 3 and 4 of Dowry Prohibition Act, and IPC Sections 323, 504 and 506 against her husband, father-in-law and several members of their family. On July 18, 2014, allegedly acting on Shruthi’s complaint, the inspector in plain clothes, along with other personnel, took Javara Setty and his wife to Malleswaram police station and allegedly manhandled him (Javara Setty).
Where such an order subsists and the person is nonetheless arrested, he shall be released on bail forthwith, the judge added. Bengaluru: Karnataka high court issued a series of directions to police with regard to the arrest of persons in matrimonial cases, after coming across a case wherein a UK-based man (despite having protection of anticipatory bail) and his father were illegally detained in relation to a matrimonial case filed by his estranged wife. Before effecting an arrest, the investigating officer shall ascertain whether the person concerned is protected by a subsisting order of anticipatory bail. Naveen Kumar and his brother got anticipatory bail from court. A complaint was registered in Hanumanthnagar police station against police, alleging assault and illegal detention.