REMANI CHACKO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are seeking to be enlarged on bail in the event of their arrest in connection with proceedings in Crime No.31/2019 for the offences punishable under Sections 506, 420, 471 and 468 read with Section 34 of IPC.

(2.) The case that is made out by the prosecution is that the first petitioner and the complainant were married on 11.11.1986. There were some differences that cropped up in their matrimonial relationship. It is stated that certain properties were purchased by the first petitioner and the complainant. Subsequently, due to differences in the matrimonial relationship, it is stated that the first petitioner left the house and later returned. It is stated that subsequently though the petition for divorce by mutual consent was filed, same came to be dismissed. However, it is alleged that the complainant has filed petition in M.C.No.762/2008 and obtained an order dissolving the marriage with the first petitioner. It is stated that the release deed came to be executed by petitioner No.3 in favour of petitioner No.1, wherein it is stated that the complainant had died. On the basis of such declaration after coming to know of such declaration, a complaint came to be lodged. FIR was registered in Crime No.31/2019 against the petitioners for the offences punishable under Sections 506, 420, 471 and 468 read with Section 34 of IPC.

(3.) Learned Senior counsel appearing on behalf of the petitioners contends that the question of custodial interrogation as such will not be required as investigation in the present matter rests on documentary evidence and inferences from the said documents.