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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MP: Defected Indore Cong candidate was slapped with attempt to murder charge 5 days ago
Indore, Apr 29: Barely five days before he decided to withdraw his nomination from Indore Lok Sabha seat on Monday, an attempt to murder charge was added in a 17-year-old land grabbing case against Congress candidate Akshay Bam on directions from a local court here.
The alleged victim, Yunus Patel, decided to approach a first class magistrate on April 5 this year with an application requesting for adding section 307 (attempt to murder) which was accepted by Judicial Magistrate First Class (JMFC) on April 24.
The court had directed Madhya Pradesh police to add this section against Bam, his father Kantilal Bam and others.
The case was registered on October 4, 2007 against Bam and others for assaulting Patel over a land dispute under sections 294 (use of obscene words, abusive language), 323 (voluntarily causing hurt) and 506 (criminal intimidation) of the Indian Penal Code.
However, in his application filed on April 5 in the court here, Patel alleged one Satveer Singh, who operated a security agency, fired at him from a .12 bore gun on the behest of Kantilal.
The court accepted the plea on April 24 and directed the police to add the attempt to murder charge to the FIR. It also ordered Bam and his father Kantilal Bam to appear before a sessions court on May 10.
Incidentally, Satveer Singh has died, while two other accused, Sohan alias Sonu and Manoj, are absconding.
As per police, the .12 bore gun and a blank cartridge were recovered from the spot in 2007.
Incidentally, the Congress has accused the BJP of intimidating its candidates and alleged that there was a threat to democracy.
Monday was the last day of withdrawing of nominations for the fourth phase of the polls. Indore will vote on May 13, while results will be declared on June 4.
