The Karnataka High Court on Monday [October 12] directed the police to take steps for the issuance of the Look Out Circular (LOC) against the husband of a woman who has accused him of cruelty and dowry harassment, while ordering hand delivery of the order.

The single judge bench of Justice Anant Ramananth Hegde passed the interim direction while hearing a criminal petition filed by the wife seeking a direction to the police to issue LOC against her husband- a working professional at France.

The direction is subject to Court's final order.

The wife has contended that her husband remains in India only for the reissuance of his supposedly lost passport, and that his departure afterwards would irretrievably damage her cause and further investigation in the FIR.

The Chief Metropolitan Magistrate (CMM) had in October rejected her application under Section 175(3) r/w Section 94 of the BNSS for the same reliefs.

Yesterday, when the matter was taken up, Advocate Angad Kamath, appearing for the petitioner, submitted that not intimating the respondent husband about the issuance of the LOC would not infringe upon his rights under the Constitution of India, and that the LOC can be issued subject to the guidelines issued therein.

Justice Hegde, at this juncture, asked on what basis was the application rejected by the CMM court. The petitioner responded that there was complete non-application of mind in passing the order. He drew the Court's attention to the impugned order, where the Magistrate had observed:

“…It is well settled that mere inability to pay the money without there being a criminal case cannot be a reason to take away the fundamental right guaranteed under Article 21 of the Constitution of India…”

Kamath submitted that while dowry harassment is part of the allegations, the purported inability to pay money by the accused, as mentioned by the magistrate in the order, had nothing to do with the case or the issuance of the LOC sought for.

He pointed out that there are two named accused, the mother-in-law and the husband. The husband is a resident of France, and once he goes back, he cannot be secured for investigation. Though he is a passport holder of India, he has been a resident of France for 3 years, Kamath added. He holds a visa of Tunisia and France, and all he requires is a boarding pass to leave the country forever, it was submitted further.

The matter has been posted after two weeks.

For context, on September 30, 2026, the petitioner/wife had lodged a written complaint with the East Division Women Police Station, Bengaluru City, narrating how she sustained physical, mental and economic cruelty at the hands of her husband. She alleged in the complaint that she was subjected by the husband to unlawful demands of money which her mother and brother acceded to. She also accused the husband of retaining the gold given at the marriage.

Accordingly, the FIR was registered by the police for offences under Sections 85, 352 and 351(2) of the BNS, 2023 and Sections 3 and 4 of the Dowry Prohibition Act, 1961, against accused.