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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Another North Goa nightclub sealed; Kejriwal says corruption led to fire tragedy
Panaji (PTI): As part of a crackdown against tourist establishments violating laws and safety norms in the aftermath of the Arpora fire tragedy, Goa authorities on Saturday sealed a renowned club at Vagator and revoked the fire department NOC of another club.
Cafe CO2 Goa, located on a cliff overlooking the Arabian Sea at Vagator beach in North Goa, was sealed. The move came two days after Goya Club, also in Vagator, was shut down for alleged violations of rules.
Elsewhere, campaigning for local body polls, AAP leader Arvind Kejriwal said the fire incident at Birch by Romeo Lane nightclub at Arpora, which claimed 25 lives on December 6, happened because the BJP government in the state was corrupt.
An inspection of Cafe CO2 Goa by a state government-appointed team revealed that the establishment, with a seating capacity of 250, did not possess a no-objection certificate (NOC) of the Fire and Emergency Services Department. The club, which sits atop Ozrant Cliff, also did not have structural stability, the team found.
The Fire and Emergency Services on Saturday also revoked the NOC issued to Diaz Pool Club and Bar at Anjuna as the fire extinguishers installed in the establishment were found to be inadequate, said divisional fire officer Shripad Gawas.
A notice was issued to Nitin Wadhwa, the partner of the club, he said in the order.
Campaigning at Chimbel village near Panaji in support of his party's Zilla Panchayat election candidate, Aam Aadmi Party leader Kejriwal said the nightclub fire at Arpora happened because of the "corruption of the Pramod Sawant-led state government."
"Why this fire incident happened? I read in the newspapers that the nightclub had no occupancy certificate, no building licence, no excise licence, no construction licence or trade licence. The entire club was illegal but still it was going on," he said.
"How could it go on? Couldn't Pramod Sawant or anyone else see it? I was told that hafta (bribe) was being paid," the former Delhi chief minister said.
A person can not work without bribing officials in the coastal state, Kejriwal said, alleging that officers, MLAs and even ministers are accepting bribes.
