IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.447 OF 2015 BETWEEN:
ASHWATHNARAYANA AGED ABOUT 36 YEARS S/O.DALAPPA KATTINAGENAHALLI, KASABA HOBLI KORATAGERE TALUK TUMAKURU DISTRICT – 572 602. (BY SRI.VINAYA KEERTHY.M, ADV.,) AND:
N.DAYANANDA AGED ABOUT 31 YEARS S/O.S.H.NARASIMHAIAH IV CROSS, CHOWDESHWARI LAYOUT YELAHANKA BENGALOORU – 560 064.
(RESPONDENT SERVED AND UN-REPRESENTED) …PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ORDER DATED 21.8.2014 PASSED BY THE PRL. CIVIL JUDGE AND JMFC, COURT CHIKKANAYAKANAHALLI IN PCR NO.66/2013.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner is accused No.2 in PCR No.66/2013. The allegations against the petitioner is that inspite of knowing that complainant was alive and that complainant and accused No.1 have not been legally separated, with an intention to perform the second marriage of accused No.1 with accused No.2, accused Nos.3 and 4 assembled in Goravanahalli Shree Mahalakshmi Temple, Koratagere Taluk and performed the second marriage of accused No.1 with accused No.2.
2. The learned Magistrate has taken cognizance of the offence under Section 494 read with Section 34 of IPC and issued summons to accused Nos.1 to 4.
3. Learned counsel appearing for the petitioner submits that as per the said provision, the person who enters into the marriage during the subsistence of the marriage only is liable for prosecution under Section 494 of IPC. The petitioner herein is neither the husband nor the wife of the complainant and therefore, the allegations made against the petitioner do not fall within the purview of Section 494 of IPC.
4. The petitioner herein does not fall within the ambit of Section 494 of IPC. Hence, the prosecution of the petitioner is illegal and bad in law. Consequently, the petition is allowed. The impugned order dated 21.08.2014 in PCR No.66/2013 on the file of the Principal Civil Judge and J.M.F.C., Chikkanayakanahalli, is quashed only insofar as petitioner is concerned.
In view of the disposal of the main petition, I.A.No.1/2015 does not survive for consideration and the same is disposed of.
VMB Sd/- JUDGE