K.N. Phaneendra, J.

1. This appeal is preferred challenging the judgement of acquittal passed in CC No. 755/2007 by the JMFC, Saundatti, dated 6/5/2009 for the offence punishable under Section 494 of Indian Penal Code, 1860.

2. Before adverting to the point involved in this case, it is just and necessary to bear in mind the factual matrix of this case.

3. A lady by name Tayavva W/o Narasappa Darshnakolla filed a private complaint under Section 200 Cr.P.C. for the offences punishable under Sections 494 and 420 r/w Section34 of Indian Penal Code, 1860 making allegations that the complainant was the first wife of Accused No. 1 and their marriage took place according to the Hindu Rights and Custom and during the course of converture the complainant and the accused No. 1 were blessed with one girl by name Karevva. It is further alleged that the accused No. 1 on 12/5/1987 married for the second time, the 2nd respondent herein (accused No. 2 before the trial Court) according to the rights and customs existing at that point of time. It is also stated that the marriage between accused Nos. 1 and 2 was registered in the office of the Sub-Registrar on 1/8/2003. The accused Nos. 1 and 2 k