The Karnataka High Court recently rejected the bail plea of a man accused of sexually abusing a married woman, wrongfully confining her and allegedly forcing her to convert to Islam..Justice S Rachaiah said that the man's actions were unpardonable and that it was a serious matter requiring strict action."On going through the averments of the charge sheet, it appears that the appellant herein had confined the victim by keeping a woman to watch her movements and forcing her to convert to Islam. The said act of the appellant is unpardonable. It is needless to state that forcing men or women to convert from one religion to another is a serious issue and stringent action is needed in such cases," the Court said. .According to the prosecution, the woman, who ran a grocery shop with her mother-in-law, filed a complaint stating that the accused Rafiq, whom she knew from the shop, frequently visited and spoke with her.He allegedly promised to help her secure a job through his political connections, developed a relationship with her and had sexual intercourse with her. After her husband came to know about this, conflicts arose and she left her husband and went to stay with her parents.Later, the accused reportedly blackmailed her and continued the relationship. She stayed with him at Sharada Swadhar Kendra in Belagavi for four months before moving to a rented house in Basava Colony, where the accused allegedly raped her.The accused also arranged for a woman to monitor her and pressured her to convert to Islam and marry him. On April 15, 2024, her husband found her, and thereafter she filed a police complaint. Following an investigation, the police submitted a charge sheet.Additional District and Sessions Judge at Belagavi rejected the bail plea filed by the accused leading to the present appeal before the High Court..The lawyer for the accused argued that since the charge sheet has now been filed, the accused need not be kept in custody for an extended period. It was further contended that the woman willingly stayed with the accused for four to five months without filing any complaint. The way she lived with the accused suggested that their relationship including sexual acts were consensual.On the other hand, the lawyer representing the State strongly opposed the bail request. The State argued that the accused was pressuring the woman to convert to Islam for marriage. The State's lawyer further argued that if the accused is released on bail, there is a risk that he may threaten prosecution witnesses or interfere with the court proceedings. For these reasons, the State urged the Court to reject the bail plea until the completion of the trial..After taking into consideration the facts and arguments by the lawyers, the Court denied bail to the man."Having considered the facts and circumstances of the case, I am of the considered opinion that it is not appropriate to grant bail to the appellant till completion of the evidence of the victim by keeping in mind the safety of the witnesses," the Court held.Advocate SM Muchanndi appeared for the accused.Advocates Girija Hiremath and SR Hegde appeared for the respondents..[Read Order]
The Karnataka High Court recently rejected the bail plea of a man accused of sexually abusing a married woman, wrongfully confining her and allegedly forcing her to convert to Islam..Justice S Rachaiah said that the man's actions were unpardonable and that it was a serious matter requiring strict action."On going through the averments of the charge sheet, it appears that the appellant herein had confined the victim by keeping a woman to watch her movements and forcing her to convert to Islam. The said act of the appellant is unpardonable. It is needless to state that forcing men or women to convert from one religion to another is a serious issue and stringent action is needed in such cases," the Court said. .According to the prosecution, the woman, who ran a grocery shop with her mother-in-law, filed a complaint stating that the accused Rafiq, whom she knew from the shop, frequently visited and spoke with her.He allegedly promised to help her secure a job through his political connections, developed a relationship with her and had sexual intercourse with her. After her husband came to know about this, conflicts arose and she left her husband and went to stay with her parents.Later, the accused reportedly blackmailed her and continued the relationship. She stayed with him at Sharada Swadhar Kendra in Belagavi for four months before moving to a rented house in Basava Colony, where the accused allegedly raped her.The accused also arranged for a woman to monitor her and pressured her to convert to Islam and marry him. On April 15, 2024, her husband found her, and thereafter she filed a police complaint. Following an investigation, the police submitted a charge sheet.Additional District and Sessions Judge at Belagavi rejected the bail plea filed by the accused leading to the present appeal before the High Court..The lawyer for the accused argued that since the charge sheet has now been filed, the accused need not be kept in custody for an extended period. It was further contended that the woman willingly stayed with the accused for four to five months without filing any complaint. The way she lived with the accused suggested that their relationship including sexual acts were consensual.On the other hand, the lawyer representing the State strongly opposed the bail request. The State argued that the accused was pressuring the woman to convert to Islam for marriage. The State's lawyer further argued that if the accused is released on bail, there is a risk that he may threaten prosecution witnesses or interfere with the court proceedings. For these reasons, the State urged the Court to reject the bail plea until the completion of the trial..After taking into consideration the facts and arguments by the lawyers, the Court denied bail to the man."Having considered the facts and circumstances of the case, I am of the considered opinion that it is not appropriate to grant bail to the appellant till completion of the evidence of the victim by keeping in mind the safety of the witnesses," the Court held.Advocate SM Muchanndi appeared for the accused.Advocates Girija Hiremath and SR Hegde appeared for the respondents..[Read Order]
