LAWS(KAR)-2015-3-126

SHARANAPPA Vs. JAGADEVI

Decided On March 04, 2015
SHARANAPPA Appellant
V/S
Jagadevi Respondents

JUDGEMENT

(1.) HEARD the learned counsel for the petitioners. Though the respondent No.1 is served with the notice, she remained absent before the Court and un -represented. Perused the records.

(2.) THE respondent No.1 Smt.Jagadevi lodged a private complaint against the accused Nos.1 to 17. The present petitioners are arrayed as accused Nos.3 to 12 and 14 to 17 for the offences punishable under Section 494 r/w 149 of IPC.

(3.) LEARNED counsel for the petitioners strenuously contends that, even the contents of the complaint, at this stage, are translated into evidence, there is no semblance of material to constitute an offence under Section 494 r/w 109 of IPC so far it relates to the petitioners are concerned. Therefore, the petitioners are un -necessarily arrayed as accused persons in order to harass them on the sole ground the petitioners are the relatives of accused Nos.1 and 2. It cannot be said that they have actively participated in the alleged second marriage between the accused Nos.1 and 2 knowing fully well the legality of the first marriage, deliberately and actively participated in the second marriage of accused No.1 by abetting the offences by accused Nos.1 and 2 under Section 494 of IPC.