Bengaluru court junks complaint alleging HD Kumaraswamy did not disclose details about second wife, children

A Bengaluru Court recently dismissed a complaint alleging that former Karnataka Chief Minister HD Kumaraswamy in his election affidavit did not disclose any information about his "second wife" and children in election affidavit submitted by him before the 2018 assembly elections [S Ananda Vs. HD Kumarswamy].The private complaint was filed by S Ananda, the founder of Vishwa Kannada Samaja, who sought action against Kumaraswamy under Section 181 of the Indian Penal Code (IPC) and Section 125 of the Representation of People Act. Additional Chief Metropolitan Magistrate Preeth J noted that to constitute an offence under Section 181 IPC, one must give a false statement on oath or affirmation to a public servant or person authorised to administer an oath or affirmation.On the other hand, the Court observed that the complainant was alleging that Kumaraswamy had not given any information regarding his second wife, Radhika Kumaraswamy and his children Nikhil Kumaraswamy and Sharmika Kumaraswamy. The Court opined that this was different from giving "false" information."Giving False Statement and not disclosing the information stands on different footing," the Court said..Thus, the Court concluded that no offence under Section 181 IPC could lie against Kumaraswamy.It further noted that there was a bar under Section 195 of the Code of Criminal Procedure (CrPC) to proceed with a case under Section 181 IPC without a complaint in writing from the public servant who is given false information..With regard to the offence of filing a false affidavit by a candidate under Section 125 of the RP Act, the Court noted that this provision penalises giving false information or concealment of any information by a candidate.The Court found that there was no document to show that Radhika Kumaraswamy was the second wife of Kumaraswamy as alleged by the complainant.“Just because, the complainant is saying that she is the Second Wife that too without any single piece of document, this court even at this stage cannot register any Criminal Case against the Accused for not having shown the name of Smt. Radhika Kumaraswamy as his second wife,” the judge said.The Court also observed that there "cannot be any concept of second wife" under the prevailing law during the lifetime of the first wife. .With regard to the alleged concealment of information about Kumaraswamy's children, the Court noted that there was no column in the affidavit submitted by him under Form No.26 which required information about children to be furnished.The Court noted that it was only in 2019 that some additional points for disclosure were added in the particular form.However, the Court noted that Kumaraswamy had submitted Form 26 in April 2018 and that he was not required to disclose information about his children then.“As such, without any hesitation, it can be safely said that no offence under Section 125A of R.P. Act, is said to have committed by the Accused,” the Court concluded..Accordingly, the Court found no grounds to proceed with the case for the two alleged offences and dismissed the complaint..[Read Judgment]