- 1 - HC-KAR NC: 2025:KHC:23484 CRL.P No. 5084 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 5084 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SMT MARIYAMMA W/O SOKKE NEELAKANTHAPPA, AGED ABOUT 66 YEARS 2. SRI SOKKE NEELAKANTAHAPPA S/O NINGAPPA, AGED ABOUT 69 YEARS 3. SRI NINGAPPA S/O SOKKE NEELAKANTHAPPA, AGED ABOUT 46 YEARS 4. SMT SHEELAMMA W/O S NINGAPPA, AGED ABOUT 40 YEARS 5. SRI BASAVARAJAPPA S/O SOKKE NEELAKANTHAPPA, AGED ABOUT 40 YEARS 6. SMT MAMATHA W/O S BASAVARAJAPPA, AGED ABOUT 20 YEARS Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23484 CRL.P No. 5084 of 2023 PETITIONER NOS.1 TO 7 ARE R/O BADELADAKU VILLAGE, KUDLIGI TALUK, BELLARI DISTRICT-583135. 7. SRI HALAPPA, S/O SANNAMUGAPPA, AGED ABOUT 61 YEARS 8. SMT SATYAMMA W/O HALAPPA, AGED ABOUT 45 YEARS 9. SRI HATTI GOWDAR RAMAPPA S/O LATE BASAPPA, AGED ABOUT 61 YEARS 10. SMT RATHNAMMA W/O HATTI GOWDAR RAMAPPA, AGED ABOUT 51 YEARS 11. SMT RENUKAMMA W/O NAGARAJAPPA, AGED ABOUT 41 YEARS 12. SRI NAGARAJAPPA S/O SATHYAPPARA SIDDAPPA, AGED ABOUT 45 YEARS 13. SRI HARISH S/O HATTIGOWDAR RAMAPPA, AGED ABOUT 24 YEARS, PETITIONER NOS.8 TO 14 ARE R/O CHIKKA UJJAINI VILLAGE, - 3 - HC-KAR NC: 2025:KHC:23484 CRL.P No. 5084 of 2023 JAGALURU TALUK, DAVANAGERE DISTRICT-577528. …PETITIONERS (BY SRI. GOPALAKRISHNA MURTHY C, ADVOCATE) AND: SMT SHASHIKALA K H W/O S ANJINAPPA, AGED ABOUT 38 YEARS, HOUSE WIFE, R/O C/O HER FATHER, HALAPPA KODIHALI, 1ST MAIN, 3RD CROSS, VIJAYANAGARA BADAVANE, HARIHARA TALUK, DAVANAGERE DISTRICT-577601. …RESPONDENT (BY SRI. S G RAJENDRA REDDY, ADVOCATE) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.345/2023 FILED BY THE RESPONDENT VIDE ANNEXURE-B DATED: 20.03.2023 FOR THE OFFENCE P/U/S 494,109 R/W 34 OF IPC AS AGAINST THE PETITIONERS HEREIN BY ALLOWING THE ABOVE PETITION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER This petition filed under Section 482 of Code of Criminal Procedure is by accused Nos.3 to 15, with a prayer to quash the criminal proceedings initiated against - 4 - HC-KAR NC: 2025:KHC:23484 CRL.P No. 5084 of 2023 them in C.C.No.345/2023 on the file of I Addl. Civil Judge and JMFC, Harihar, for the offences punishable under Sections 494, 109 r/w 34 IPC. 2. In support of the petition, the petitioners have contended that the proceedings are not maintainable against them. No reasons are assigned for taking cognizance against them. The continuation of the criminal proceedings against them would amount to abuse of the process of the Court. The alleged participation of the petitioners in the bigamous marriage of accused Nos.1 and 2 would not made them liable for the offence punishable under Section 494. Some of the petitioners are strangers to the family of complainant and accused Nos.1 to 3. All the allegations are hearsay in nature. There are no specific allegations against the petitioners for abetment. The allegations are concocted to arraign them as accused and hence, the petition. - 5 - HC-KAR NC: 2025:KHC:23484 CRL.P No. 5084 of 2023 3. On the other hand learned counsel for respondent submit that respondent is the legally wedded wife of accused No.1. After completion of her education, she was given in marriage to accused No.1 on 13.04.2015. The marriage was registered on 22.05.2015. After the marriage accused No.1 set up rented house and took accused Nos.3 and respondent. She lived there for six months. Accused No.1 was alcoholic and aggressive. When respondent became pregnant she was brought to her native village, wherein all the accused persons started harassing her. They were taunting that in the marriage sufficient gifts were not given etc. They were forcing her to terminate the pregnancy. Respondent went to her parental home for delivery. 4. However, accused persons did not come to see the child. When the child was aged 9 months, respondent was taken to the matrimonial home. When she became pregnant for the second time, accused Nos.1 and 3 were suspecting the fidelity of respondent and forcing her to - 6 - HC-KAR NC: 2025:KHC:23484 CRL.P No. 5084 of 2023 abort the child. Ultimately, the child died in the womb. Though the parents of the respondent bore the medical expenses, accused No.1 got the bills reimbursed, but did not pay the money to respondent. Ultimately, she was ousted from the matrimonial home. 4.1 It is further alleged that on 25.10.2020, one Malathesha had gone to Sri.Anjaneya temple, Gademakunte village, Jagalur Taluk and at 10.00 a.m, he found accused No.1 getting married to accused No.2. On the telephonic information furnished by him, complainant, her father and brother went to the spot and found accused Nos.1 to 15 exiting from the temple. They were confronted. Accused Nos.2 to 15 despite knowing that accused No.1 was married, have abetted accused No.1 to marry accused No.2 and as such they are liable for prosecution. Even the employer of accused No.1 has confirmed the fact of his second marriage. In this regard complaint is filed and cognizance is taken. The allegations - 7 - HC-KAR NC: 2025:KHC:23484 CRL.P No. 5084 of 2023 made against the petitioners are required to be proved in the trial and pray to dismiss the petition. 5. Heard arguments and perused the record. 6. Thus, the allegations against the petitioners who are arraigned as accused Nos.3 to 15 are that they abetted accused No.1 to enter into a bigamous marriage with accused No.2, despite knowing that he is already married to respondent. 7. Section 494 IPC which deals with bigamous marriage i.e., marrying again during the lifetime of husband or wife reads as under: "494. Marrying again during lifetime of husband or wife - Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine." 8. The plain reading of this provision makes it clear that whoever having a husband or wife living or during the subsistence of marriage, marries again shall be - 8 - HC-KAR NC: 2025:KHC:23484 CRL.P No. 5084 of 2023 punished with imprisonment which may extend to 7 years. As held by the Co-ordinate Bench of this Court in Thimmappa and Ors. Vs. Bharathi (Thimmappa)1, in terms of Section 494 of IPC, it is only the person, who marries during the subsistence and lifetime of the earlier spouse and the earlier marriage could be prosecuted and punished. It does not make the person to whom the husband or wife married for the second time to be prosecuted under Section 494 of IPC, let alone, the relatives or friends who attend the marriage. 9. In the present case, the petitioners are accused Nos.3 to 15 and they have been prosecuted on the allegations that they were aware of the first marriage of accused No.1 and despite the same, they participated in his second marriage. Though knowledge is attributed to them, it cannot be held that they abetted the second marriage of accused No.1. Therefore, the continuation of criminal proceedings against the petitioners would amount 1 Crl.P.No.7517/2017 Dt: 13.03.2024 - 9 - HC-KAR NC: 2025:KHC:23484 CRL.P No. 5084 of 2023 to abuse of the process of the Court and as such liable to be quashed and accordingly, the following: ORDER (i) Petition filed by the accused Nos.3 to 15 under Section 482 Cr.P.C is hereby allowed. (ii) The proceedings dated 20.03.2023 in C.C.No.345/2023 on the file of I Addl.Civil Judge and JMFC, Harihar, for the offences punishable under Sections 494, 109 r/w Section 34 IPC, is hereby quashed. (iii) The Registry is directed to send a copy of this order to the trial Court through e-mail. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 40