If a foreigner is raped, it is a very serious matter, observes HC judge

Bengaluru: Observing that it is a “very serious matter” if a foreigner is raped in India, the Karnataka high court Monday ordered notice to Kutta police in Kodagu in response to a petition filed by a homestay owner, challenging an FIR registered against him in mid-April. The case was registered after a 33-year-old US woman alleged she had been drugged, held captive and sexually assaulted in the hospitality facility.

Homestay owner Vishal Ponnana, along with cook Brijesh Kumar, had been arrested after the Washington-based solo traveller who checked in on April 12 said she consumed a drink and slipped into a semi-conscious state before the assault took place.

Justice M Nagaprasanna directed securing the investigation papers and placing them before the court by Wednesday, considering the matter to be serious.

“There’s not a case where I could grant a blanket stay straight away. I want to see the investigation papers,” the judge said.

Justice Nagaprasanna observed, “if a citizen of another country is raped here, it’s a very serious offence.”

During the hearing, counsel for the petitioner argued that the alleged offences are bailable in nature. According to him, the complainant’s statement does not allege that he (petitioner) was, at any time prior to registration of FIR, informed of the alleged offence.

He claimed that the complainant identified the offender on April 12 as the housekeeper (co-accused in the case) and not the petitioner. The WhatsApp/call/travel record contradicts the complainant’s allegation of confinement or communication blockade, the homestay owner claimed.

Terming his arrest as well as judicial custody from April 19 till May 2 illegal and it violated his fundamental rights, the petitioner urged the court for quashing of proceedings against him, apart from seeking an independent inquiry into the investigation.

He submitted that media reports published after his arrest suggested he had prior knowledge of the alleged sexual assault, even though no such allegations were made in the complaint.

The judge said, “If there is some involvement of yours, we will see whether your fundamental (rights) are violated or not. Let the investigation papers (be produced)”