M V KRISHNA MURTHY Vs. S V HADIMANI

JUDGEMENT

(1.) A domestic dispute involving the mother and children, which should have been settled amicably, reached first the portals of the court, then travelled through to the lock-up in the police station and sub-jail and has now reached this court.

(2.) THE petitioner is the son of the 2nd respondent and the brother of the 3rd respondent. He resides, according to him, along with his wife and three children, the eldest being 20 years, in the building at No. 227, i floor, 53rd cross, vi main, iv block, rajajinagar, Bangalore. admittedly, the 2nd respondent also resides in the same premises along with her mentally retarded child. The 3rd respondent is a married daughter and has taken up residence along with the 2nd respondent, which, according to the 3rd respondent, is intended "to lend moral support" to her.

(3.) THE petitioner alleges that on 31-8-1997, the petitioner, his wife and two of his sons were summoned to the police station by the 4th respondent by deputing two plain clothes police men at about 10 a. m. the third child, a minor daughter was left behind in the house. It was represented to them that there was complaint filed by the 2nd respondent against them (who along with the 3rd respondent and two other strangers were present in the police station) alleging the commission of offence of trespass, intimidation, attempt to commit murder by pouring kerosene oil, poisoning the drinking water etc. , etc. The petitioner alleged that they were detained in the police station till 4-30 p. m. whereafter, they were produced before the magistrate, who, in the absence of sureties refused to release them on bail, remanded them to judicial custody and sent to sub-jail. They were produced before the court at 1 p. m. on 1-9-1997, whereafter they were released on bail. They allege that they were out of police custody by 5-30 p. m.