NewsFlash Daily™
09 June
The Karnataka High Court has termed the alleged rape of an American woman in a Kodagu homestay a grave issue and directed police to submit investigation records before considering relief to the accused
Bengaluru: The Karnataka High Court has observed that allegations of a foreign national being sexually assaulted in India constitute an extremely serious matter, while hearing a petition related to an alleged rape case involving a 33-year-old American woman at a homestay in Karnataka's Kodagu district.
The court issued notices to the police and directed investigators to place the complete case records before it, stating that the matter cannot be stayed without examining the investigation in detail.
Karnataka High Court Terms Allegations Extremely Serious
The observations came during the hearing of a petition filed by the owner of the homestay, who sought the quashing of criminal proceedings registered at the Kutta Police Station in Kodagu.
Presiding over the matter, Justice M. Nagaprasanna remarked that if a woman from another country had indeed been raped while visiting India, the allegations amounted to a highly serious offence requiring careful judicial scrutiny.
The court clarified that it would not grant an immediate blanket stay in the case without first reviewing the evidence gathered by investigators.
"If a citizen of another country has been subjected to rape here, it is an extremely serious offence. This is not a case where an immediate complete stay can be granted. The investigation records need to be examined," the court observed.
American Woman Alleged Drugging and Sexual Assault
According to the complaint registered in April, the 33-year-old American woman alleged that she was administered an intoxicating substance and sexually assaulted while staying at the Kodagu homestay.
Following the complaint, police arrested homestay owner Vishal Ponnanna and an employee, Brijesh Kumar, in connection with the case. The investigation remains ongoing.
Defence Argues Illegal Detention and Rights Violation
During the proceedings, counsel appearing for the petitioner argued that the offences invoked in the case were bailable in nature.
The defence further contended that the petitioner had not been informed about the allegations before the First Information Report was registered.
According to the submissions, the complainant had identified only a member of the homestay staff on April 12 and had not specifically named the petitioner at that stage.
The lawyer argued that the petitioner's detention between April 19 and May 2 was unlawful and amounted to a violation of his fundamental rights guaranteed under the Constitution.
Based on these grounds, the petitioner sought the quashing of the criminal proceedings.
Court Seeks Investigation Records Before Further Orders
Responding to the arguments, Justice Nagaprasanna stated that the court would examine whether any violation of fundamental rights had occurred.
However, he directed the police to submit all relevant investigation records before Wednesday to facilitate a proper assessment of the case.
The court indicated that any decision regarding interim relief or further legal remedies would be taken only after reviewing the material collected during the investigation.
Case Draws Attention Amid Concerns Over Tourist Safety
The case has drawn significant public attention, particularly because it involves allegations made by a foreign tourist visiting India.
Legal experts note that such cases not only require a fair and thorough investigation but also carry wider implications for public confidence and the safety of international visitors.
The matter is expected to come up for further hearing after the submission of the investigation documents.
