Recently, the Karnataka High Court was called upon to examine a bail plea in a sensitive sexual assault case, prompting strong judicial remarks on the need to protect women’s dignity and uphold constitutional values.
The matter concerns a 19-year-old Scheduled Tribe woman who was allegedly accosted near Bengaluru’s KR Puram railway station. According to the prosecution, the petitioner wrongfully restrained the survivor’s cousin and threatened him, thereby facilitating the commission of rape by a co-accused. The intervention of local residents led to the apprehension of both accused.
They were charged under the relevant provisions of the Bharatiya Nyaya Sanhita, including offences of rape, wrongful restraint, criminal intimidation, and common intention, along with charges under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. While the defence argued that the petitioner had no direct role in the assault and was falsely implicated, the prosecution maintained that his actions were instrumental in enabling the offence.
Justice S Rachaiah, while rejecting the bail plea, underlined the gravity of the crime and the deep psychological impact on the survivor, observing that the trauma would remain a permanent scar. Quoting the Manusmriti, the court noted that where women are respected, divinity thrives, but where they are dishonoured, all deeds lose value. The judge also invoked Mahatma Gandhi’s words, stating that true independence would only be achieved when women could walk freely and fearlessly at night.
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