IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 3811 OF 2025 BETWEEN:

SUDHA W/O. K. THIRUMURTHY, AGED ABOUT 38 YEARS, R/AT NO.82, 6^TH B CROSS, DODDANEKUMDI EXTENSION, CHINNAPANAHALLI, BANGALORE - 560 037 …PETITIONER (BY SRI. NISHIT KUMAR SHETTY, ADVOCATE)

AND:

SMT. B. GNANAMBAL W/O K. THIRUMURTHY, Digitally signed by AGED ABOUT 59 YEARS LAKSHMI T Location: R/AT NO. 6, D-10, 2^ND FLOOR, High Court of Karnataka WATCH FACTORY COLONY, JALAHALLI POST, BANGALORE - 560 013 …RESPONDENT (BY SRI. SUBRAMANI M., ADVOCATE)

THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS)

CR.P.C PRAYING TO ALLOW THE PETITION AND QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN C.C.NO.10986/2014 (PCR NO.24211/2013) FOR THE OFFENCE P/US/ 494,496,497,506-B OF IPC PENDING ON THE FILE OF THE VIII ACJM BENGLAURU.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

ORAL ORDER

Heard the learned counsel for the parties and perused the material on record.

2. The alleged second wife is before this court in this petition preferred under Section 528 of BNSS, 2023 seeking to quash the entire proceedings pending against her in C.C.No.10986/2014 on the file of the Court of VIII Additional Chief Judicial Magistrate, Bangalore.

3. The matter arises out of a private complaint filed by the second respondent, namely the first wife of accused No.1. It is alleged that during the subsistence of her marriage with accused No.1, he has contracted the second marriage with the petitioner / accused No.2. It is further alleged that in spite of having knowledge of the first marriage of accused No.1, accused No.2 married him and she has also threatened the complainant with dire consequences, posing threat to her life, if she interfered with her married life.

4. It is alleged that accused No.2, though she was very well aware that accused No. 1 was earlier married to the complainant, got married accused No. 1 and when the complainant approached accused No.2 and requested her to give up the relationship and told her that she is the legally wedded wife of accused No.1, the accused, threatened the complainant with dire consequences posing threat to her life etc.

5. It is alleged that the accused persons on

19.11.2013 at about 08.00 p.m. came to the house of the complainant and threatened the complainant not to interfere with their married life etc.

6. On presentation of the complaint, the learned Magistrate recorded the sworn statement of the complainant and passed an order on 15.04.2014 directing registration of the case against both accused Nos.1 and 2 for the offence punishable under Section 494 and 506 of IPC and issue summons to them.

7. The learned counsel for the petitioner has relied on the following decisions:

i) 'Manik Tamenja And Another V/s. State of Karnataka and Another reported in (2015) 7 SCC

423 passed by the Hon'ble Apex Court.

ii) Sri. Manjunath B. @ Sippe Manjunath and others passed V/s State and Another by the High Court of Karnataka in Crl.P.No.5563/2018 iii) Smt. Revathi V/s. Smt. Netravathi passed by the High Court of Karnataka in Crl.P.No.5678/2018 to contend that Section 494 of IPC will be attracted to a person who marries during the subsistence and the lifetime of the earlier spouse and the alleged second wife cannot be prosecuted under the said Section.

8. Section 494 of IPC reads as under:-

"Section 494. Marrying again during life-time of husband or wife. - Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Exception.—This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, no