ORDER

This writ petition is filed by the petitioner/complainant under Articles 226 and 227 of Constitution of India directing the police to execute the NBW issued by the Trial Court in C.C.No.148/2017 and the complaint filed by the petitioner where the police have charge sheeted for the offences punishable under Sections 498A, 504, 506, 323 read with 34 of IPC.

2. Heard the arguments of learned counsel for petitioner and learned HCGP for the respondent Nos.1 and 2.

3. The case of the petitioner is that the petitioner filed a complaint against the respondent Nos.3 to 6, for the above said offences for committing dowry harassment against her. During the pendency of the case, accused No.2 died and it is submitted that the respondent No.6/accused No.4 said to be divorced the accused No.3 and the married some other person and her whereabouts are not known. Therefore, at this stage, issuance of NBW or proclamation against accused No.4, is not useful. The main grievance against the petitioner is that the police are not executing the NBW as against accused No.1, who is the main accused in this case.

4. Learned counsel submits the respondent No.3/accused No.1, is said to be in abroad. He is visiting India and secretly he is staying in Shivajinagar and going back, but the police not showing effort or making any effort to arrest the accused and produce before the court, which is causing delay in the process. The main intention of the petitioner is filing complaint is frustrated. Hence prayed for issuing direction.

5. In pursuance of the order, the learned HCGP secured the presence of the SHO/ASI from Ramanagara town Police station, where he submits they are making effort to arrest the accused No.1. However, he said to be not residing in the address and he has vacated. The learned counsel for the petitioner submits he is having documents, where the respondent No.3/accused No.1 have purchased the property in October 2009. The order sheet reveals the Trial Court already issued a proclamation under Section 82 of Cr.P.C. and in order to issue under Section 83 of Cr.P.C., for attachment of the property, the property details are required. Therefore, if the petitioner counsel submits the property details to the police and the police can file the same before the Magistrate, in turn the Magistrate can issue proclamation and attachment under Sections 82 and 83 of Cr.P.C., simultaneously as against accused No.1. The police also given undertaking that they will make a proper effort to arrest the accused No.1. The submission of the police official is placed on record.

6. Considering the facts and circumstances of the case, the normal rules in Cr.P.C. wherein the accused or any one of the accused is not traced, the case against him should be split up and thereafter NBW, proclamation attachment shall be issued. Thereafter, record evidence under Section 299 of Cr.P.C. and keep the case under the long pending registration case (LPR), while obtaining the permission of the Sessions Judge, High Court as the case may be. Therefore, the contention of the petitioner that the police are required to arrest and they are not showing any interest cannot be acceptable, at this stage. However, a direction required to be issued to the police for making effort to arrest the accused No.1, in this case. Considering the same, I proceed to pass the following order;

ORDER

This writ petition is allowed in part.

The respondent police are directed to make an endeavour to arrest the accused No.1, in accordance with law and also furnish the documents to the Magistrate/Trial Court for issuing process of proclamation attachment under Section 82 and 83 of Cr.P.C.