ORDER :

Heard the arguments of learned counsel for the petitioner and learned HCGP.

2. The contention of the petitioner is that police have registered a case against this petitioner and other five persons in Crime No.578/2018 for the offences punishable under Sections 498A, 420, 468, 471 read with Section 34 of IPC and Section 3 and 4 of Dowry Prohibition Act.

3. Further, he contends that the marriage of the petitioner and the complainant was solemnized on 28.09.2014 in Frazer Town Church as per Christian tradition and customs. It is alleged that at the time of marriage, as per demand Rs.5,00,000/- and jewels were given as dowry and after the marriage complainant resided in the house of the husband for only three months in Bengaluru. Thereafter, the petitioner, who was working in Malaysia as Lecturer in the College, went back to Malaysia after three months of marriage along with the complainant. Thereafter, the other accused are also said to have gone to Malaysia as tourists for a period of one month and returned back. The complainant continued to reside in Malaysia with her husband till 2016 for a period of two years and thereafter, returned back to India.

4. In the meanwhile, petitioner got fresh appointment in Qatar Country. Therefore, he went to Qatar from Malaysia and started working there. In the year 2016, the petitioner came to Bengaluru and got examined the complainant medically because her pregnancy was not sustaining. Since, the petitioner went back to Qatar, the complainant went back to her parents house and started to reside there. Since, the petitioner did not maintain her nor sent money to her for maintenance and since he had asked her for divorce and go away, the complainant filed a complaint before Mahadevapura Police on 11.11.2017, upon which NCR No.942/2017 was registered. Thereafter, again on 25.08.2018, she lodged one more complaint before Women Police Station, East zone, Bengaluru, which is also registered in NCR No.420/2018.

5. The petitioner returned from Qatar Country to Bengaluru on 03.11.2018 and resided with his parents. Since, complainant-wife had lodged a complaint in Mahadevapura Police Station, Bengaluru and also Women Police Station, East Zone, Bengaluru, which was registered in NCR, the Police had called him for enquiry. Then, the petitioner explained as to how the complainant has not led the marital life with him. Therefore, they applied for decree of divorce before the Hon’ble IV Additional Family Court, Bengaluru in M.C.No.5408/2016 by raising various grounds including the ground that she is suffering from HIVS and has produced various medical records in this regard. The Family Court after hearing the arguments of both the parties and on considering the relevant materials on record, dismissed the divorce petition filed by the petitioner against his wife. The Advocate, who was appearing for petitioner before the trial Court, in the month of January 2018, had informed the petitioner telephonically that divorce petition was allowed. The complainant had lodged a complaint before the Mahadevapura Police Station alleging that petitioner was insisting for divorce and she wants her husband and she does not want divorce. Since, the petitioner was in Malaysia, his father Mr.Manoah was called by the respondent-Police and he explained the fact that the petitioner being employed in Malaysia is unable to attend immediately but, he will try to secure him.

6. In the meanwhile, the complainant lodged another complaint on 25.08.2018, before the Women Police Station, East Zone, Bengaluru, which was also treated as NCR.No.420/2018. Then the petitioner had produced the Xerox copy of the decree of divorce before the Police which was given by his Advocate to his father and stated that the marriage between himself and the complainant has been dissolved by virtue of decree of divorce. When the petitioner was called upon to appear before the Police Station on 03.12.2018, his appearance being secured, come to know that M.C