The Karnataka High Court in Anand C. @ Anku Gowda & Others V. Chandramma observed that bigamy u/s 494 of the Indian Penal Code is a continuing offence and the wife's consent for the subsequent marriage is no defence to escape the penalty for commission of this offence.
In the instant case, the petitioner a 76-year-old man and his third wife had moved the court to quash the criminal proceedings against them by the man’s first wife. It is averred that it is with the permission of his first wife that he got married to her sister. Subsequently, before entering into the 3rd marriage he had secured the consent of both the wives. The property of Petitioner No 1 (husband) was divided equally amongst his all three wives and they also lived together peacefully before the Respondent decided to file a complaint against them in the year 2018.
However, the Court observed that "The proceedings against the 1st and 2nd petitioners cannot be quashed as the offence is admitted by the 1st petitioner in the petition. It being with the consent of the 1st wife or with the consent of the 1st and 2nd wives for the third time would become immaterial for consideration of offence of bigamy."
The bench also relied on the Supreme Court judgment in the case of State Of Bihar V. Deokaran Nenshi And Another, wherein it was held that a continuing offence is one which is susceptible of continuance and is distinguishable from the one which is committed once and for all. It further held that “.... In the teeth of the admitted fact, no further interpretation need be given, as even today, the 1st petitioner admits that he is the husband of three women. Therefore, he is in the web of the offence punishable under Section 494 of the IPC.”