'Very Serious Offence': Karnataka HC on Alleged Rape of American Tourist

'Very Serious Offence': Karnataka HC on Alleged Rape of American Tourist

The Karnataka High Court on Monday directed the State to place the complete investigation records before it in a case concerning the alleged rape of a 33-year-old American tourist at a homestay in Kodagu, while underscoring the seriousness of the allegations.

The matter came up before Justice M. Nagaprasanna in a petition filed by homestay owner Palecanda Ponnappa, who has challenged the FIR registered against him and the legality of his arrest. Ponnappa was arrested on allegations that he failed to report the incident to authorities but was later released on bail.

Refusing to grant an interim stay on the criminal proceedings, Justice Nagaprasanna observed that the Court could not issue a blanket stay without first examining the investigation material.

"There is not a case where I could grant a blanket stay straight away. I want to see the investigation papers," the judge remarked.

The Court also expressed concern over the allegations, noting that an offence involving a foreign national would be particularly serious.

"If a citizen of another country is raped here, it's a very serious offence," the Bench observed.

The State's Additional Special Public Prosecutor has been directed to produce the entire case records. The matter is scheduled for further hearing on June 10.

According to the prosecution, a 25-year-old employee of the homestay allegedly spiked a drink served to the American tourist and sexually assaulted her on April 12. The accused has been arrested and remains in judicial custody after a trial court recently rejected his bail application.

Ponnappa was arrested a week later, on April 19, for allegedly concealing information about the incident. He secured bail on May 2 and has since moved the High Court seeking quashing of the criminal proceedings. He has also sought ₹15 lakh compensation, alleging that his arrest was unlawful.

Appearing for Ponnappa, advocate Angad Kamath argued that his client's fundamental rights had been violated. He contended that media reports following the arrest portrayed Ponnappa as having prior knowledge of the alleged assault and as having wrongfully confined the complainant, despite no such allegations being contained in the complaint.

The petitioner further submitted that the criminal case has adversely affected the functioning of his homestay business.

During the hearing, Justice Nagaprasanna queried whether the petitioner was seeking relief to restore the reputation and operations of the homestay.

To support his case, Ponnappa relied on CCTV footage and video recordings that he claimed had already been provided to the investigating agency. His counsel also pointed out that investigators had been examining the role of other individuals, including a driver who was subsequently arrested in connection with the case.

The High Court ultimately indicated that it would first scrutinize the investigation records before considering the petitioner's allegations regarding violation of his rights.

"If there is some involvement of yours, we will see whether your fundamental rights are violated or not. Let the investigation papers be produced first," the Court said.

Share this News

Website designed, developed and maintained by webexy