HC Orders Bengaluru Police to Pay Rs 9 Lakh for Excesses in Matrimonial Case

The High Court of Karnataka has directed the Bengaluru police commissioner to pay Rs 9 lakh in compensation to a father and son following police excesses and illegal detention connected to a matrimonial dispute registered at the Vidyaranyapura police station.

Justice Suraj Govindaraj issued the order while ruling that police must not arrest individuals in a routine or mechanical manner in offences arising from matrimonial disputes, including under Section 498A of the Indian Penal Code or any offence carrying a maximum punishment of up to seven years.

The case stemmed from a complaint filed by a woman against her husband and in-laws under IPC Section 498A and Sections 3 and 4 of the Dowry Prohibition Act. The husband, who worked in the United Kingdom, had secured anticipatory bail on June 10, 2014. Despite the bail order, he was arrested on August 16, 2014, upon arriving from the UK, pursuant to a Look Out Circular.

His father, who was not named in the charge sheet, was summoned to the Malleswaram police station and subjected to harassment. An inquiry report into the incident revealed that the investigating police inspector had executed the arrest without a warrant or non-bailable warrant, ignoring the existing anticipatory bail order.

The High Court observed that the issuance of the Look Out Circular, the husband's arrest, and the seizure of his passport violated the Code of Criminal Procedure and the Passports Act. It further determined that the proceedings against the father lacked lawful basis, ruling that his illegal detention and harassment stood established on record.

Justice Govindaraj emphasized that investigating officers must strictly evaluate the necessity and purpose of an arrest before taking suspects into custody. The court ordered police to scrupulously comply with the statutory safeguards under Section 41 and 41A of the CrPC—now Section 35 of the Bharatiya Nagarik Suraksha Sanhita—alongside directives laid down by the Supreme Court in the Arnesh Kumar ruling.

The court stated that magistrates must not authorize detention without recording their own satisfaction upon reviewing the required checklist and reasons submitted by police. The state government has been granted liberty to recover the Rs 9 lakh compensation amount directly from the police inspector responsible.