Written byShalini Ojha
It is unbecoming of an Indian woman to sleep after being raped, the Karnataka High Court said on Monday as it handed over a pre-arrest bail to the accused.
The single-judge bench of Justice Krishna S Dixit wasn't convinced of the complainant's allegations, hence granted relief to one Rakesh B despite protests from the prosecutor.
The accused and victim had been working together.
27-year-old Ramesh is accused of raping his 42-year-old employer, an HR entrepreneur in Bengaluru.
The survivor approached the RR Police Station on May 2, following which a case was registered under IPC Sections 376 (rape), 420 (cheating) and 506 (criminal intimidation). Section 66-B of IT Act, 2000, was also evoked.
The accused's initial bail application was rejected by a city court on May 19.
According to LiveLaw, Ramesh had been working with the victim for more than two years, during which they developed physical relations. The survivor was promised marriage by him.
On the day of the alleged incident, he got into her car, went to the office around 11 pm, where he raped her.
The court granted bail to the accused considering three reasons.
Justice Krishna questioned why the prosecutrix didn't raise an alarm when Ramesh traveled with her, why she voluntarily had alcohol with him, and why did she wait for the next morning to approach the police.
"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," the bench noted.
The court found it difficult to believe that the victim had dinner at Indraprastha Hotel, after which the accused, who had consumed drinks, traveled with her.
"Even if it's assumed to be true, there is no explanation offered for not alerting police or public about the conduct of the petitioner," the court said.
Justice Krishna asked why she went to the office this late.
Justice Krishna also asked why the alleged survivor allowed Ramesh to stay for the night.
Why she didn't contact police when Ramesh demanded sexual favors was another question the court sought an answer for.
"The version that she was subjected to rape on the false promise of marriage in the given circumstances of the case is a bit difficult to believe at this stage," he said.
Objecting to the bail plea, the prosecutor told Justice Krishna that the crime was heinous. But the court said only "seriousness" can't be the reason to strip the petitioner's liberty.
Ramesh was granted the bail after a bond of Rs. 1 lakh and two sureties of the same amount.
HC laid six conditions and if he violated even one, the reprieve would be revoked.
Ramesh was barred from leaving the jurisdictional permits of the trial court, where the case will be heard, without permission. He was asked to report to the police station every second and fourth Saturday too.
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