Karnataka HC quotes Manusmriti, Mahatma Gandhi while denying bail to man accused of enabling rape

The Karnataka High Court recently quoted Mahatma Gandhi and the Manusmriti while dismissing a bail plea filed by a man accused of enabling the rape of a 19-year-old woman in Bengaluru [Syed Parveez Mushraff V State of Karnataka]..The bail applicant, Syed Parveez Musharaff, stood accused of restraining and threatening the victim’s cousin brother, thereby facilitating a co-accused to rape the victim at nearby spot.Justice S Rachaiah noted that the incident would have left a deep mental scar on the victim, and recounted a quote from the Manusmriti on honouring women. "The act committed by the accused along with another accused will remain in her life as a scar. It would be very difficult for her to come out of the agony that she had undergone. Having considered the same, it is relevant at this point of time to quote the sloka of Manusmriti which says 'Yatra naryastu pujyante ramante tatra Devata, yatraitaastu na pujyante sarvaastatrafalaah kriyaah' is a famous sloka taken from Manusmriti, which means, where women are honored, divinity blossoms there, and where women are dishonored, all actions, no matter how noble, remain unfruitful," the Court's order said. .The Court also recollected Mahatma Gandhi's saying that India would not achieve true independence until women can walk out freely at night in the country without fear."Now, it is also relevant to quote Mahatma Gandhiji on ‘freedom’: ‘The day a woman can walk freely on the road at night, that day we can say that India has achieved independence.".According to the prosecution, the rape incident took place on April 2, 2025, after the victim returned to Karnataka from Kerala around 1.30 AM. After getting down at the railway station, she and her cousin brother were on their way to have some food when two men restrained them. The victim was taken to a nearby place and allegedly raped by one of the men, while her cousin brother was allegedly restrained by the other man (co-accused/ bail applicant). The prosecution claimed that the co-accused/ bail applicant also intended to rape the victim. However, after the victim cried for help, a crowd gathered. The main accused, who allegedly raped the victim, fled while the co-accused was caught by the public who had gathered at the spot. The co-accused, Syed Parveez Musharaff, eventually sought bail. After a trial court rejected his bail plea, he filed an appeal before the High Court. He claimed that he was innocent and that he was not even accused of committing rape. He pointed out that he was only accused of restraining the victim's cousin. The State countered that he had played a crucial role in facilitating the crime by threatening the victim's cousin and preventing him from intervening to protect her.The High Court eventually rejected the bail plea, considering the seriousness of the allegations..Advocate Naushad Pasha Appeared for the bail applicant.Additional Special Public Prosecutor Pushpalata appeared for the State..[Read Order]