The Karnataka High Court on Monday deemed the alleged rape of a 33-year-old American woman at a homestay in Kodagu as a 'very serious matter' and directed the Kutta police to present the investigation records before the court. Justice M Nagaprasanna issued the order while hearing a petition filed by Vishal Ponnana, the homestay owner, who sought the quashing of an FIR registered against him in mid-April.
Case Background
The case came to light after the US national, a solo traveller from Washington, checked into the homestay on April 12. She alleged that she was drugged, held captive, and sexually assaulted after consuming a drink that left her in a semi-conscious state. Following her complaint, Ponnana and the cook, Brijesh Kumar, were arrested.
Court Proceedings
Justice Nagaprasanna, after hearing the arguments, remarked that if a foreign national is raped in India, it constitutes a grave offence. He declined to grant an immediate blanket stay on the proceedings and instead called for the investigation papers to be produced by Wednesday. 'There is not a case where I could grant a blanket stay straight away. I want to see the investigation papers,' the judge stated.
Petitioner's Arguments
During the hearing, the counsel for Ponnana argued that the alleged offences were bailable in nature. He contended that the complainant's statement did not indicate that Ponnana was informed of the incident before the FIR was filed. The complainant had identified the housekeeper (co-accused) as the offender on April 12, not Ponnana. Furthermore, the petitioner claimed that WhatsApp, call, and travel records contradicted the allegation of confinement or communication blockade.
Ponnana termed his arrest and subsequent judicial custody from April 19 to May 2 as illegal and a violation of his fundamental rights. He urged the court to quash the proceedings against him and sought an independent inquiry into the investigation. He also submitted that media reports suggested he had prior knowledge of the assault, even though the complaint did not contain such allegations.
Court's Response
The judge responded, 'If there is some involvement of yours, we will see whether your fundamental rights are violated or not. Let the investigation papers be produced.' The court has directed the police to submit the records by Wednesday for further scrutiny.
