The Karnataka High Court on Monday sought the investigation records of a case involving allegations that a 33-year-old US tourist was raped at a Kodagu homestay, while expressing serious concerns about such allegations [Palecanda Ponnappa @ Vishal Vs State of Karnataka].
The Court was hearing a petition filed by the Kodagu homestay's owner, Palecanda Ponnappa, who had earlier been arrested on allegations that he withheld information about the rape at his homestay from the authorities. He is presently out on bail and has challenged the FIR against him as well as his arrest.
Justice M Nagaprasanna today declined to grant any interim stay on the criminal proceedings against Ponappa.
“There's not a case where I could grant a blanket stay straight away. I want to see the investigation papers,” the judge said.
The Bench further remarked that if a foreign national had been raped in India, it would be a matter of grave concern.
“See, if a citizen of another country is raped here, it's a very serious offence,” the judge observed.
The Court has directed the State's Additional Special Public Prosecutor to produce the entire investigation records. The case will be heard further on Wednesday, June 10.
The case involves allegations that a 25-year-old homestay worker spiked a drink given to an American tourist before sexually assaulting her on April 12. He has been arrested and is presently in jail. His bail plea was recently rejected by a trial court.
Meanwhile, the homestay's owner, Palecanda Ponnappa, was also arrested on April 19 for allegedly hiding information about the incident. He was, however, granted bail on May 2.
Ponnappa has now challenged the criminal case against him and sought ₹15 lakhs as compensation for his allegedly illegal arrest in the case.
Appearing for Ponnappa, advocate Angad Kamath today argued that his client's fundamental rights had been violated. He contended that media reports published following the arrest portrayed the petitioner as having prior knowledge of the alleged rape and as having confined the complainant at the property, whereas the complaint itself did not contain such allegations.
Ponnappa is also seeking relief because his business has been impacted following the registration of the case, the Court was told today.
“You want to repair the homestay?” asked Justice Nagaprasanna, in turn.
Ponnappa has relied on CCTV footage and video recordings, which he claimed had been supplied to the investigating agency, to support his contentions. His counsel also submitted that investigators themselves were exploring the involvement of other individuals, including a driver who had subsequently been arrested.
The Court eventually indicated that it would first examine the investigation records before examining whether any of Ponnappa's rights have been violated as claimed.
“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),” the Bench observed.