- 1 - NC: 2025:KHC:4113 CRL.P No. 9803 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 9803 OF 2023 (482(Cr.PC) / 528(BNSS) BETWEEN: T.D. RAJAGIRI, S/O LATE DURUGESHAPPA, AGED ABOUT 63 YEARS, AGRICULTURIST AND POLITICIAN, R/A NEAR N.H 4, BYPASS CIRCLE HIRIYUR TOWN-577598 …PETITIONER (BY SRI. R SHASHIDHARA., ADVOCATE) AND: TARAKESHWARI C. P., W/O T. D. RAJAGIRI, AGED ABOUT 57 YEARS, HOUSE WIFE, R/O CHURCH EXTENSION, KSRTC DEPO ROAD, CHITRADURGA TOWN-577501 …RESPONDENT (BY SRI. K B K SWAMY, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO SET ASIDE THE ORDER PASSED BY THE II ADDITIONAL CIVIL JUDGE AND J.M.F.C., CHITRADURGA IN C.C.NO.1782/2020 DATED 13.03.2020 FOR THE OFFENCE PUNISHABLE UNDER SECTION 494 OF IPC AND ALL FURTHER PROCEEDINGS IN PURSUANT TO THEREOF. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:4113 CRL.P No. 9803 of 2023 ORAL ORDER In this petition, the petitioner seeks for the following reliefs: “Therefore, it is respectfully prayed that this Hon’ble Court may kindly be pleased to set aside the order passed by the II Additional Civil Judge and JMFC at Chitradurga in C.C.No.1782/2020 dated 13.03.2020 for the offence punishable under Section 494 of IPC and all further proceedings in pursuant to thereof, in the interest of justice and equity.” 2. A perusal of the material on record will indicate that petitioner is married to one Smt. Tarakeshwari C.P, the respondent-complainant who filed PCR No.211/2015 interalia alleging that during subsistence of her marriage with the petitioner, petitioner got illegally married to Smt. H. Shilpa, thereby committing offences punishable under Section 494 of IPC. Learned Magistrate having referred for investigation for the offence punishable under Section 156 (3) of Cr.P.C., the Police Authorities filed a B report. Aggrieved by the same, the respondent filed protest petition before the learned Magistrate. It is the grievance of the petitioner that without either accepting B report or rejecting B report, learned Magistrate committed a procedural irregularity and patent illegality - 3 - NC: 2025:KHC:4113 CRL.P No. 9803 of 2023 by taking cognizance of offence and issuing of summons to the petitioner, who is before this Court by way of the present petition. 3. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record. 4. A perusal of the impugned order taking cognizance as well as order sheet maintained by learned Magistrate prior to taking cognizance will indicate that learned Magistrate has neither considered the B Report nor the Protest Petition filed by the respondent-complainant; instead the learned Magistrate has straight away proceeded to record the sworn statement as against the petitioner without rejecting the protest petition and consequently, in view of the aforesaid patent illegality and procedural irregularity committed by the learned Magistrate in not considering the B report and protest petition in the light of the judgment of the co-ordinate bench of this Court in the case of Dr. Ravikumar Vs. Mrs.K.M.C Vasantha and Anr., reported in ILR 2018 KAR 1725, I deem it just and appropriate to set aside the impugned order dated 13.03.2020 and remit the matter back to the learned Magistrate for reconsideration of the B report as well as protest petition filed by the respondent by providing sufficient and - 4 - NC: 2025:KHC:4113 CRL.P No. 9803 of 2023 reasonable opportunity to him and proceed further in accordance with law. 5. In the result, I proceed to pass the following: ORDER i) The petition is hereby allowed. ii) The impugned order dated 13.03.2020 on the file of II Additional Civil Judge and JMFC at Chitradurga in C.C.No.1782/2020 is hereby set aside. iii) The matter is remitted back to the trial Court for reconsideration of B report and Protest Petition. iv) Learned Magistrate is directed to provide an opportunity of hearing to the respondent - complainant and consider and pass appropriate orders on B report and Protest Petition and proceed further in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 15