Karnataka High Court | Commons
Karnataka High Court | Commons
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New Delhi: The Karnataka High Court has noted that it was “unbecoming of an Indian woman” to sleep after she is “ravished”, while granting a pre-arrest bail to a man accused of rape, cheating and criminal intimidation.

Justice Krishna S. Dixit said the above Tuesday while allowing accused Rakesh B’s application for anticipatory bail, on him paying a bond of Rs 1 lakh along with two sureties of the same amount.

Giving reasons for the bail order, the judge noted that the complainant’s claim of having slept “after the perpetration of the act” because she was tired was “unbecoming of an Indian woman”.

“That is not the way our women react when they are ravished,” the judge said, in the short order.

Also, the complainant’s failure to explain why she went to her office at 11 pm on the day of the alleged crime and did not object to having “drinks” with the accused was also cited as one of the reasons in the bail order.

The court, meanwhile, has laid down six conditions for the accused to follow while he is on bail, violation of even one, according to the order, will entail its cancellation.

He has been barred from leaving without permission the jurisdictional limits of the trial court where his case will be heard and will have to report to the police station every second and fourth Saturday of the month.


Also read: Not unusual to make daughter-in-law do house work, says Kerala HC in a divorce case


‘She didn’t object to consuming drinks with petitioner’

The state counsel strongly opposed the bail petition, contending that the offences invoked against the accused are serious and there was sufficient material on record to prove he had committed the alleged crime.

The prosecutor argued that it was “unsafe for the society to grant” anticipatory bail to the offender and sought dismissal of his petition.

The judge, however, held that the “serious nature” of the crime alone cannot be a criterion to deny liberty to a citizen, specifically when no “prima facie” case has been made out by the police.

“The version of the complainant that she was subjected to rape on the false promise of marriage in the given circumstances of the case is bit difficult to believe at this stage,” said the judge.

He also questioned the complainant for not approaching the court earlier when the accused had allegedly “forced her for sexual favours”.

“Nothing is mentioned by the complainant as to why she went to her office at night i.e. 11.00 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; that is not the way our women react when they are ravished,” the judge noted.

This apart, the court also took the existing Covid-19 crisis to note that prisoners are at risk of infection. It applied the principle of “bail is rule and denial is an exception” to allow the petitioner’s plea.


Also read: No bail for techie who urged people to spread Covid, HC says act threat to India’s integrity 


 

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29 Comments Share Your Views

29 COMMENTS

  1. Women enjoy when they are in it and scream pain later or the next day. Putrefying alcoholic prostituting and trying to ensnare the guy. Shameless comments against a conscientious order

    • Munawari Khan: I sugegst you take a few hours off from your duties at the BJP IT cell and have a chat with Nirbhaya’s mother.

      People like you are the scum of the earth – your knee-jerk reaction is not to sympathise with the woman who is the victim of the rape but with the perpetrators.

      SHAME ON YOU !

  2. Congress’s Achievement: Looting for 60 years.
    BeeJayPee’s Biggest Achievement: Looting double that sum of money within a matter of six years.

    Congress = We have just one family that loots.
    BeeJayPee = We are one large family of looters.
    *** O Gullible People of India, judge for yourself which kind of looter you would prefer, or perhaps you could do very well without a ‘Government’. Gone are those days when a POLITICIAN could be trusted. Perhaps in future it would be better to live without the presence of a Government ! ***

  3. Obvious opinions. Look at some of the facts before concluding a women is always the sufferer.
    Clearly looks like a consented relationship gone wrong. A case of law misuse if you ask me.

  4. This is useless. I wonder y I am an Indian woman at times. Caz lest any crime happens against me the accused will be roaming around freely… Disgusted with the judicial system!!! Just Pathetic!!!

    • The comment by Stephen Billings is completely alright. I bet you are kidding by feeling scared to even say your real name and writing “none” instead. The judicial system is highly biased and the system is pathetic when it comes to giving justice rape cases. Nirbhaya was given justice after 7 years. The mindset of the Karnataka court is that of primitive times. The judge should be sent to a psychiatrist, where many people suffering from trauma go and how difficult it is for them to speak after such horrific things happen to them. He should know… Just disgusted!!!!!!

  5. That is a bold move by a judge.
    Most of the rape cases are registered for revenge or greed.
    Practical judges like these are necessary for Indian courts.

  6. Can’t say whether the accusation is valid or not but these kind of comments and making such generalised statements about what Indian women are supposed to do or not do is just pathetic. I can drink with a guy through the night, let him stay in my house for the night and yet choose to not have sex with him. That’s my right. In fact a lot of time friends do exactly that.

  7. That is not the way our women react when they are ravished,” the judge said…………………and how does he know?????

  8. I had to sit myself down after reading this. Imagine being violated and then being asked to explain your actions to a High Court Judge only to be Called an Unbecoming Indian Woman.

  9. We should stand against karnataka High Court instead of doing tiktok vs youtube . We should firstly improve our body instead of boycotting products.

  10. Both the points given shows thought process
    – Indian women slept after the incident .really ????
    – she didn’t object for drink . So what ???

  11. The judges comments are ridiculous, but the case for bail is sound.
    Wish we were as generous in giving bail to student protesters, as we are to apparently every other crime.

  12. A horrible decision. The trauma the victim suffered is being disregarded and the court wants her to be absolutely clinical in the proceedings without even thinking about the mental scarring she has faced.

  13. Why do courts always take the side of the man in a rape case? What was the woman supposed to do stay up all night? The judge should be sent for training on being sensitive to women!

    • This is not a rape case… but seems like a false one… Sex on pretext of marriage is not rape… No educated woman can claim this(many such cases have been thrown out of Court) ! She had consensual sex… and is lying! When you are brutalized, you are traumatized not tired! She was tired… which is highly unlikely in real rape cases…. she may faint out of trauma but not sleep out of tiredness… Such cases make mockery of real rape cases… such woman need punishment! They make it harder for real victims get justice!

      • And what makes you an expert on rape?? Everyone is different. Just because a girl drinks is not a reason for asking for rape. If someone falls asleep because of the trauma and exhaustion, doesn’t mean they were compliant. There are different means to establish rape, especially forensic.

      • Have you ever tried to read what happens to a woman after she is raped? The first thing that happens to most of them is that they don’t want to believe that it happened, many of them want to sleep or pretend to be normal. It’s a very complex process and if the judge doesn’t know about it, he should not be judge.

    • Retards like you who are looking for a hookup will always support the female version. She had her fun n now was using it to get the guy to fullfill her demands.

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