On Monday, the Karnataka High Court sought the complete investigation records in a case arising out of allegations that a US tourist was sexually assaulted at a homestay in Kodagu, while declining to immediately interfere with the criminal proceedings against the homestay owner. The Court's observations came during a challenge to the FIR and arrest of the owner, who claims he was wrongly implicated for allegedly withholding information about the incident. With allegations of a foreign tourist being raped in India at the centre of the dispute, the Court insisted on examining the investigation records before determining whether any interference with the proceedings was warranted.
The dispute arose from a petition filed by the owner of the Kodagu homestay, who was arrested on allegations that he concealed information relating to the alleged sexual assault of a 33-year-old American tourist. While he was later granted bail, he approached the High Court seeking the quashing of the FIR, challenging the legality of his arrest, and claiming compensation for the alleged violation of his rights.
Through his counsel, the petitioner argued that media reports following his arrest portrayed him as having prior knowledge of the alleged offence and as having wrongfully confined the complainant, despite the complaint containing no such allegations. He further relied on CCTV footage and video recordings, which were allegedly furnished to the investigating agency, and contended that the ongoing proceedings had adversely affected his business.
The Court, however, was not inclined to grant any immediate protection and emphasised that it would first examine the material collected during the investigation. Justice M. Nagaprasanna observed, “There's not a case where I could grant a blanket stay straight away. I want to see the investigation papers.” The Court further remarked, “See, if a citizen of another country is raped here, it's a very serious offence.”
The Bench also indicated that the petitioner's claim of violation of fundamental rights could only be assessed after scrutinising the investigation records, observing, “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).”
Consequently, the Court directed the State to place the entire investigation record before it and posted the matter for further hearing.
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