Karnataka Hc Forgery Arrest Police Misuse Order

The Karnataka High Court on Thursday ordered the immediate release of a man held in custody since April, following a complaint by his estranged wife accusing him of forgery and cheating, and criticised the police for “playing with the lives of citizens”.

Justice M Nagaprasanna was hearing a case related to a man, Ramakrishnam Raju, who was arrested on April 21 for offences related to cheating and forgery of documents after his wife, Shiva Lakshmi, filed a complaint against him on December 19, 2025.

Staying further investigation in the case by the Bagalur police station, Justice M Nagaprasanna said, “Wives today, day in and day out, are registering crimes, and you (police) straightaway take the husband into custody, for what partnership deed between the husband and wife is alleged to be forged.”

The bench also pulled up the investigating officer, saying, “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 after the complaint was registered, for around three months, there was no progress in the investigation. Notices under Section 35 of the Bharatiya Nagarik Suraksha Sanhita—relating to circumstances under which police officers can arrest a person without a warrant or a magistrate’s order—were also not issued, he added. However, when the investigating officer changed, the petitioner was arrested, Jagadeesha added.

The investigating officer, who was present in court, said that he had issued two notices to the petitioner. Since he did not cooperate in the investigation, he was arrested, he added.

The bench pointed out that the offence alleged against the petitioner is forgery and cheating, which carries a maximum punishment of seven years. Justice Nagaprasanna remarked orally, “This is total misuse of law by the police.”

In its order, the bench noted that several Supreme Court judgments had stated that the arrest of a person “should be the last resort”.

“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 said.

Stating that the investigating officer cannot be let off the hook for acting blatantly contrary to the law, the bench directed that a departmental inquiry be held against the station house officer or investigating officer of the Bagalur police station. The action taken should be reported to the court within 12 weeks, the bench added. The court also directed that the conduct of the previous investigating officer who probed the case be looked into.

Ramakrishnam Raju and Shiva Lakshmi have been married for 12 years and have a daughter. In 2023, Lakshmi filed a complaint alleging dowry harassment and criminal intimidation against Raju, which is pending. The same year, she also filed a divorce petition.

In a complaint filed on December 19, 2025, Lakshmi alleged that on December 12, 2025, she received an official communication from the Union Bank of India’s Bagalur branch, stating that a current account had been opened in her name. She claimed this was done by forging her signature without her consent or authorisation. She further alleged that in 2023, Raju had also forged a partnership deed.

Advocate Trivikram S, appearing for the petitioner, argued that the complaint was filed to arm‑twist the petitioner. He contended that a reading of the complaint reveals the wife’s mala fide intention to harass the husband.

During the hearing, the bench also raised concerns about the alleged misuse of a section under the Bharatiya Nyaya Sanhita, which criminalises sexual intercourse obtained through deceitful means, including false promises of marriage.

“Something is to be done…everyone is behind bars once booked under Section 69. Consensual acts for eight years, etc., but the moment crime is registered under Section 69, he is inside,” Justice Nagaprasanna said.