High Court Overturns Arrest of Coorg Homestay Owner
In a significant ruling, the Karnataka High Court has overturned the arrest of a Coorg homestay owner, who was detained under the provisions of the repealed Foreigners Act of 1946. This decision followed an incident where a staff member of the homestay allegedly raped a 33-year-old tourist from the United States. The ruling, delivered by Justice M Nagaprasanna, allows for the continuation of the criminal investigation but mandates the release of the homestay owner from custody.
Compensation for Illegal Arrest
The Court has ordered the state to compensate the homestay owner with ₹5 lakh for the illegal arrest. The Honorable Justice stated, “On a summation of the preceding analysis, there is no warrant of interference at the stage of crime in the result the prayer with the quashing of the crime is sans acceptance. The arrest of the petitioner is declared illegal. The petitioner becomes entitled for compensation for such illegal arrest.” The compensation is to be dispensed within four weeks from the issuance of the order.
Case Details and Court Proceedings
The Court did not quash the First Information Report (FIR), allowing the investigation to proceed. Notably, the petitioner has pursued legal avenues to challenge the chargesheet filed against him. The Court has permitted his release, emphasizing that the homestay owner retains the right to approach the judiciary if he is dissatisfied with the final order regarding the charges.
Justice M Nagaprasanna remarked, “The challenge to the FIR in crime no 34 spells that it is imperative that investigation should continue. Liberty is reserved to the petitioner to knock at the doors of the Court in the event he is aggrieved with the final order.”
Background of the Case
The case emerged from allegations that a 25-year-old worker at the homestay spiked a drink and assaulted an American tourist on April 12. The accused employee was subsequently arrested and remains in custody following a rejected bail application. The homestay owner was later arrested on April 19 for allegedly concealing information about the crime but was granted bail on May 2.
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While the chargesheet did not include allegations of rape or sexual assault against the homestay owner, it did accuse him of failing to report the incident under Section 239 of the BNS and under provisions of the outdated Foreigners Act. The owner argued that the chargesheet’s allegations did not substantiate the severe accusations initially leveled against him. His plea challenging the chargesheet remains under the Court’s consideration.
Legal Representation
Advocate Angad Kamath represented the homestay owner, while Special Public Prosecutor BN Jagadeesh represented the State.
