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Karnataka High Court granted bail to accused after stating that ‘Indian women do not sleep after rape'
Karnataka high court granted anticipatory bail to a rape accused after observing that it is 'unbecoming of an Indian woman to sleep after being raped'.
A division of bench of Karnataka High court headed by Justice Krishna S Dixit has granted anticipatory bail to the rape accused Rakesh B.
Justice Krishna noticed "The explanation offered by the complainant that after the perpetration of the act she was tired and fell asleep, is unbecoming of an Indian woman; that is not the way our women react when they are ravished."
The rape victim was working as an employee under the accused of more than one year. The accused is alleged to have a physical relationship with the woman on the name of marriage. The woman stated that the accused accompanied the woman to her office on the night in the car and raped her.
After this accused was taken under section 376(sexual assault), section 420(cheating) and section 506 (criminal intimidation) of IPC and under section 66-B of Information Technology Act, 2000.
Whereas on the other side Rakesh B., the accused seek anticipatory bail under section 438 of Cr.PC.
There were also other reasons which took the notice of justice for granting the pre-arrest bail.
According to Bar and bench report, the women failed to explain why she moved to the office late at night around 11 pm. During day time of the alleged crime why she did not object to having a drink with the accused.
Whereas the prosecution stated that there was enough proof to prove the offense. The prosecution also stood against the bail as this will create trouble in the investigation.
Further Justice added, “offenses alleged against the petitioner, are serious in nature, and is arguably true; however, seriousness alone is not the criteria to deny liberty to the citizen when there is no prima facie case from the state police”.
At the end, court told the petitioner that he shall not leave the jurisdictional limits of the court without permission and he also needed to mark his presence in attendance at the police station.
