Karnataka High Court Orders Release of Man, Criticises Police for Unlawful Arrest

The Karnataka High Court on Thursday ordered the immediate release of a man who had been in custody since April following a complaint by his estranged wife accusing him of forgery and cheating. The court also strongly criticised the police for what it described as 'playing with the lives of citizens' and directed a departmental inquiry against the investigating officer.

Justice M Nagaprasanna, hearing the case of Ramakrishnam Raju, noted that the arrest was made without proper justification. The petitioner had been arrested on April 21 after his wife, Shiva Lakshmi, filed a complaint on December 19, 2025, alleging forgery of documents. The court observed that the police had acted hastily, arresting the husband without following due process.

During the hearing, the bench questioned the investigating officer, stating, 'You think it is a play to send someone to prison. You are playing with the lives of citizens. If there is a crime committed, arrest the accused in accordance with law, not because the wife registers a crime.'

Special Public Prosecutor B N Jagadeesha informed the court that there was no progress in the investigation for three months after the complaint was registered. Notices under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, which outlines conditions for arrest without warrant, were also not issued. The arrest occurred only after a change in the investigating officer.

The investigating officer present in court claimed he had issued two notices to the petitioner, who did not cooperate, leading to the arrest. However, the bench pointed out that the offence of forgery and cheating carries a maximum punishment of seven years, and that the Supreme Court has repeatedly held that arrest should be the last resort.

In its order, the court stated, 'Therefore, the act of the investigating officer showing undue haste in taking the petitioner into custody, without any rhyme or reason, nor any reasons indicated for the arrest of the petitioner except making a bald statement that he has not cooperated with the investigation, would necessarily lead to release of petitioner from prison.'

The court directed that the investigating officer cannot be let off the hook and ordered a departmental inquiry against the station house officer or investigating officer of the Bagalur police station. The action taken must be reported to the court within 12 weeks. The court also ordered an inquiry into the conduct of the previous investigating officer.

The case stems from a complaint by Shiva Lakshmi, who has been married to Ramakrishnam Raju for 12 years and has a daughter. In 2023, she filed a complaint alleging dowry harassment and criminal intimidation, which is pending, and also filed a divorce petition. On December 19, 2025, she alleged that a current account was opened in her name at Union Bank of India's Bagalur branch by forging her signature, and that Raju had forged a partnership deed in 2023.

Advocate Trivikram S, appearing for the petitioner, argued that the complaint was filed with mala fide intent to pressure his client. The court's order has now set aside the arrest, emphasising the need for police to follow legal procedures.