High Court Scrutinizes Investigation into US Tourist’s Alleged Rape
The Karnataka High Court has taken a firm stance on a case involving allegations of rape against a 33-year-old American tourist at a homestay in Kodagu. On Monday, the Court demanded the complete investigation records, highlighting the seriousness of such accusations. This comes in the context of a petition filed by Palecanda Ponnappa, the owner of the homestay, who is challenging the FIR and his arrest related to the incident. Ponnappa had been arrested for allegedly concealing information about the rape, although he is currently out on bail.
Justice M Nagaprasanna, presiding over the case, declined to issue an interim stay on the criminal proceedings against Ponnappa, emphasizing the need to review the investigation papers before making any decisions. “There’s not a case where I could grant a blanket stay straight away. I want to see the investigation papers,” remarked Justice Nagaprasanna. He further stressed the gravity of the situation, noting, “If a citizen of another country is raped here, it’s a very serious offence.”
Details of the Alleged Incident and Legal Proceedings
The allegations in question involve a 25-year-old worker at the homestay who reportedly spiked the tourist’s drink before sexually assaulting her on April 12. The accused has been apprehended and remains in custody after his bail plea was denied by a trial court. Ponnappa, on the other hand, was arrested on April 19 for allegedly not reporting the incident, but he secured bail on May 2. He is now contesting the criminal charges and seeking ₹15 lakhs in compensation for what he claims was an unlawful arrest.
Representing Ponnappa, advocate Angad Kamath argued that his client’s fundamental rights had been compromised. Kamath criticized media portrayals that suggested Ponnappa was aware of the alleged rape and had detained the complainant, pointing out that these allegations were absent from the official complaint. The legal team also highlighted the negative impact on Ponnappa’s business due to the ongoing case, presenting CCTV footage and video recordings purportedly given to investigators to support his claims.
Ongoing Investigation and Court’s Directions
During the proceedings, Justice Nagaprasanna inquired about Ponnappa’s intentions to “repair the homestay,” indicating the Court’s interest in the broader implications of the case. The Court was informed of ongoing investigations into other potential suspects, including a driver who has been arrested in connection with the case. The Bench has made it clear that it will first review the investigation records before assessing whether Ponnappa’s fundamental rights have been infringed. “If there is some involvement of yours, we will see whether your fundamental (rights) are violated or not. Let the investigation papers (first be produced),” Justice Nagaprasanna stated.
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The Court has scheduled the next hearing for Wednesday, June 10, where it will further examine the evidence and determine the course of action.
