The main legal point established in the judgment is that the offence of bigamy is a continuing offence, and the proceedings for the offence punishable under Section 494 of the IPC cannot be obliterated on the ground of delay.

ORDER

1. Petitioners are before this Court calling in question proceedings in C.C.No.115 of 2021 pending before the Principal Civil Judge & JMFC, Channapatna, arising out of PCR No.151 of 2018, initiated for offences punishable under Sections 494 and 109 of IPC r/w. Section 34 of the IPC.

2. Heard Sri Ravindranath K., learned counsel for the petitioners and Sri S.G.Rajendra Reddy, learned counsel for the respondent.

3. Brief facts leading to the filing of the present petition, as borne out from the pleadings, are as follows:-

Petitioner No.1 presently aged 76 years is the husband of the complainant/wife/respondent who is aged 69 years. Petitioner Nos.2 to 6 are all either family members, close relatives or friends of the 1st petitioner/husband. Marriage between the 1st petitioner and the respondent takes place on 02.05.1968. It is stated that from the wedlock of the 1st petitioner and the respondent three children were born. Out of the three, one is no more and two others who are daughters are residing in their respective matrimonial houses. It is the averment in the petition that in the year 1972-73, the 1st petitioner with the consent of the respondent married one Smt. Savitramma who is the sister of the respondent/complainant. From that wedlock, the 1st petitioner and Smt. Savitramma have two children - one is 45 years old and the other is 43 years old.

4. The 1st petitioner again gets married in the year 1993 with the 2nd petitioner/Smt. Varalakshmi. Again the averment is that, it was with the permission and consent of the 1st and 2nd wives. It is also stated that the properties of the 1st petitioner were equally divided amongst all of them. Therefore, it is the contention that the 1st wife - Smt. Chandramma/respondent was aware of the marriage of the 1st petitioner with Smt. Savitramma, the second marriage and both Smt. Savitramma and the respondent were aware of the marriage of the 1st petitioner with the 2nd petitioner i.e., the third marriage. It is also stated that all of them lived together peacefully.

5. In the year 2008, it appears that the 1st petitioner constructed a residential house in which the 1st and the 2nd petitioners performed all the rituals in the presence of all the members of the family and the wives. On 12-01-2015, it is averred that a gift deed was registered by the 1st petitioner in favour of the 2nd petitioner of a particular property. Likewise, another property was also gifted to the 2nd petitioner. The gifts made by the 1st petitioner in favour of the 2nd petitioner did not go well with the respondent/wife referred to as the first wife. On 07-07-2017, the respondent causes a legal notice upon the 1st and 2nd petitioners contending that the 1st and the 2nd petitioners have got married on suppression of earlier marriage that took place between the respondent and the 1st petitioner.

The 1st and the 2nd petitioners also replied to the notice. Another civil proceeding is instituted by the daughters of the 1st petitioner and the respondent in O.S.No.91 of 2017 claiming partition and separate possession of various properties belonging to the 1st petitioner. Both the 1st and the 2nd petitioners are defendants in the said suit.

6. Things standing thus, the respondent files a private complaint invoking Section 200 of the Cr.P.C. against the petitioners herein alleging offences punishable under Section 494 of the IPC for bigamy, Section 109 of the IPC for abatement and Section 34 of the IPC in PCR No.151 of 2018. The respondent also files an application under Section 12 of the Domestic Violence Act, 2015 on the very next day of registration of the aforesaid private complaint in Criminal Miscellaneous No.138 of 2018. The other petitioners appear to have given evidence in Criminal Miscellaneous No.138 of 2018. Later, the learned Magistrate in P.C.R.No.151 of 2018 issued summons to the petitioners on 08-02-2021 after registering the crime in C.C.No.115 of 2021 in terms of Section 204 of the Cr.P.C., which was after a