Proceedings in offence of bigamy cannot be obliterated on grounds of delay: K'taka HC
Bengaluru, Jun 4: The Karnataka High Court has refused a petition seeking to quash the case of bigamy filed against a 76-year-old man who admitted that he is still married to three women.
The HC said his admission makes it a "continuing offence".
"In the teeth of the admitted facts of the petitioner marrying thrice and its subsistence even as on day, the plea of delay in registration of the crime would pale into insignificance, as bigamy in the case at hand is a continuing offence," it said.
Anand C alias Anku Gowda's first wife, Chandramma, had filed the case of bigamy and abetment against him, his third wife Varalakshmi, 49, and four of his close friends and relatives.
Anand had married Chandramma in 1968. He married her sister Savitramma in 1972. Anand claimed Chandramma had consented to the second marriage.
Anand married Varalakshmi in 1993 and claimed before the HC that both his first two wives consented to the third marriage.
Chandramma's complaint of bigamy was filed in 2018. She alleged that Anand had suppressed the fact of his earlier marriages while marrying Varalakshmi.
Anand, his third wife and other accused challenged it in the High Court on the ground that the complaint was filed nearly 25 years after the wedding. The second contention was that the third marriage had the consent of his other two wives.
The septuagenarian claimed that the bigamy case was filed after a property dispute involving his three wives. He had gifted a property to his third wife which was dissented by the other two leading to the bigamy case being filed. The children from the first wife have also initiated suits for partition against Anand.
Justice M Nagaprasanna, who heard Anand's petition, held in his May 25 judgement that the case against Anand and his third wife cannot be quashed as they were aware of the preceding marriages.
However the case against Anand's friends for abetting bigamy was quashed.
"Other family members or friends of 1st petitioner (Anand) cannot be hauled into these proceedings unless there are instances to demonstrate that they were responsible for the commission of second marriage or even the third marriage," the HC said.
"The act of bigamy generally is a triangle involving the husband, wife and second wife. This is a peculiar case where it is a quadrangle. Therefore, the first petitioner, second petitioner and the complainant will have to resolve the issue amongst themselves," the HC said absolving the other accused.
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27 arrested in minor girl rape case in Kerala
Pathanamthitta (PTI): As many as 23 people were arrested and four minors were apprehended in connection with the alleged sexual abuse of a Dalit girl in the district, police on Sunday said.
Ten more FIRs have been filed in the case in two police stations in Pathanamthitta district based on the statements of the girl, a release issued by Pathanamthitta District Police Chief said.
A total of 17 people were arrested, and four minors were apprehended in connection with seven cases registered by the Pathanamthitta police and six individuals have been nabbed by the Elavumthitta police, the release said.
Across both stations, a total of 27 accused have been arrested in the cases, it added.
A special investigation team has been formed to conduct a comprehensive probe into the incident, with Pathanamthitta DYSP P S Nandakumar leading the team under the supervision of District Police Chief V G Vinod Kumar, the release said.
The team comprises 25 police officers from various ranks and stations.
The District Police Chief will review the investigation’s progress daily, the release said.
The investigation revealed that several of the accused met the girl at the private bus stand in Pathanamthitta. She was then taken to various locations in vehicles and subjected to abuse, police said.
The probe also found that the girl while she was studying Plus-Two class last year was taken by a youth who was acquainted with her through Instagram to a rubber plantation in Ranni and raped her along with three others.
Police said that the investigation found that she was gang raped at Pathanamthitta general hospital in January 2024.
Police are also focusing on gathering scientific evidence and examining mobile phones and other items as part of the probe.
A detailed investigation is ongoing, the District Police Chief stated.
The girl, who is now 18 years old, has alleged in her complaint that she was sexually abused by 62 individuals since the age of 13.
The police said that they received evidence indicating that the girl was exploited by her sports trainers, fellow athletes and classmates.
Leader of Opposition in the Assembly, V D Satheesan, demanded that the government should immediately appoint a Special Investigation Team headed by a woman IPS officer.
The brutal harassment the Pathanamthitta girl suffered was also proof of the shortcomings and weakness of our systems, the LoP added.
He stressed the need to make the counselling system more effective in state schools and change the mode of teaching in a way that directly addresses the problems faced by children.
Calling for immediate arrest of all the accused, the National Commission for Women (NCW) has sought a detailed action-taken report from authorities within three days and emphasised on fair and time-bound investigation to deliver justice.
The Kerala Women's Commission (KWC) has registered a case on its own and its chairperson P Sathi Devi has directed the Pathanamthitta Superintendent of Police to immediately submit a report in this regard, the Commission said in a release.
The matter came to light during counselling conducted by the Child Welfare Committee, after the victim's teachers at an educational institution informed the panel about noticeable changes in her behaviour.
The Committee, subsequently, notified the police and an investigation is on.
