“In the given circumstances of the case”, the court found it difficult to believe at this stage that the complainant was subjected to rape on the false promise of marriage.
Bengaluru| The Karnataka High Court, granting advance bail to a rape accused, expressed its reservations about the genuineness of the complainant’s case as her explanation that “after the perpetration of the act she was tired and fell asleep, is unbecoming of an Indian woman.”
“In the given circumstances of the case”, the court found it difficult to believe at this stage that the complainant was subjected to rape on the false promise of marriage.
It also noted that the complainant is the employer of the accused of the last two years.
“Nothing is mentioned by the complainant as to why she went to her office at 11 pm; she has also not objected to consuming drinks with the petitioner and allowing him to stay with her till morning; 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,” Justice Krishna S Dixit said in his observation.
He also added, “This is not the way our women react when they are ravished” while allowing the plea on June 22.
“Seriousness alone is not the criteria to deny liberty to the citizen when there is no prima facie case from the police,” the court observed, agreeing that the charges of rape, cheating, and intimidation against the petitioner were serious in nature.
“Nothing is stated by the complainant as to why she did not approach the court at the earliest point of time when the petitioner was allegedly forcing her for sexual favours,” the court asked.
The court found no ground to deny advance bail to the petitioner as the woman did not offer any explanation for not alerting the police or the public about the conduct of the petitioner when she had been to a hotel for dinner and the petitioner, having consumed drinks, came and sat in the car.
The court has, however, imposed a slew of conditions on the petitioner while granting him the relief including the execution of a personal bond of Rs.1 lakh and not tampering with evidence.
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