The Karnataka High Court on Monday ordered a notice to Kutta police in Kodagu district in response to a petition filed by a homestay owner. The petition challenges an FIR registered against him in mid-April after a 33-year-old woman from the United States alleged she was drugged, held captive, and sexually assaulted at the hospitality facility.
Background of the Case
Vishal Ponnana, along with cook Brijesh Kumar, was arrested after the solo traveler from Washington, who checked into the homestay on April 12, claimed she consumed a drink and slipped into a semi-conscious state before the assault occurred. Justice M Nagaprasanna directed the police to secure the investigation papers and present them before the court by Wednesday, considering the seriousness of the matter.
Arguments by the Petitioner
During the hearing, the counsel for the petitioner argued that the alleged offenses are bailable in nature. According to him, the complainant's statement does not allege that the petitioner was informed of the alleged offense at any time prior to the registration of the FIR. He claimed that the complainant identified the offender on April 12 as the housekeeper, who is the co-accused in the case, and not the petitioner. The homestay owner further asserted that WhatsApp, call, and travel records contradict the complainant's allegations of confinement or communication blockade.
Petitioner's Request
Terming his arrest and judicial custody from April 19 to May 2 as illegal, the petitioner urged the court to quash the proceedings against him and sought an independent inquiry into the investigation. The court has taken note of the arguments and will review the investigation papers before proceeding further.
