IN THE HIGH COURT OF KARNATAKA CIRCUiT BENCH AT DHARWAD DATED THIS THE 15TH DAY OF MARCH, 2011 BEFORE THE HON’BLE MR. JUSTICE V. JAGANNATHAN CRL.P.NO. 10163/2011 Between: Smt.Bhartavva D/o. Layappa Biradar, Aged about 25 years, R/at Kakkamari, Tq.: Athani, Dist.: Belgaum. Petitioner (By Sri.Mrutyunjav Tata Bangi, Advocate) And: Smt.Gourabai W/o. Tammanna Shegunshi, Aged about 30 years, R/at Bijjargi, Tq. & Dist.: Bijapur. Respondent This criminal petition is filed under Section 482 of Cr.P.C. seeking to quash the entire proceedings and issuance of the summons and the registration of the C.C. against the petitioner for the offences punishable under Section 494 of IPC on the file of the Addi. Civil Judge & JMFC, Jamkhandi in C.C.No.227/2010 (P.C.No.19/2003) by allowing the present petition. This petition coming on for admission this day, the Court made the following: ORDER Heard the petitioner’s counsel and perused the order of the trial Court taking cognizance in respect of the offence under Section 494 of IPC against the accused Nos. 1 and 2, this petition is by the accused No.2. 2. Submission of the petitioner’s counsel is that the petitioner was never married to the 1st accused and by falsely implicating, the case has been registered against her. Moreover the submission made is that, petitioner was never married accused No.1 at any point of time. 3. Having thus heard both sides and the submission of the petitioner’s counsel and on going through the complaint c&fm. in view of the specific allegations made in the complaint that the second marriage of the petitioner has taken place in the presence of several persons on 28.12.1998, I am of the view, at the stage, this Court cannot interfere with the ask issuelore the trial Court. However, the petitioner is at liberty to seek for discharge by same -3- contention ma be taken before the trial Court by establishing that she never married accused No. I at all. For the above reasonetition is dismissed. Sd! Vnp* JUDGE