The Karnataka High Court on March 7 quashed a rape case filed in 2015 against Raghaveshwara Bharati Swami, a Hindu seer and Pontiff of the Shree Samsthana Gokarna Shree Ramachandrapura Math..Justice M Nagaprasanna found that there was no explanation for the 9-year delay in reporting the alleged incident. The case involved allegations that Raghaveshwara Bharati Swami raped a female disciple twice - once in 2006 when she was a minor of 15 years, and a second time in 2012, when she was an adult. .The Court also found that the chargesheet in this case was filed by an officer of the Crime Investigation Department (CID) before the CID was declared a "police station" by the Karnataka government through a notification in 2024. It added that a 1979 notification issued by the then Mysore government had only deemed the CID to be a "police station" for the purpose of investigation, not for filing chargesheets. It further held that the CID was, therefore, not empowered to file the chargesheet in this case since the Code of Criminal Procedure (CrPC) required the "officer in-charge of the police station" to file the chargesheet. Additionally, the Court also held that the magistrate had not applied his mind while taking cognisance (judicial notice) of the criminal case. For these reasons, the Court allowed the plea by Raghaveshwara Bharati Swami to quash the rape case against him. .The complaint in this case was filed by a former disciple, who did her schooling at a school run by the Math that Raghaveshwara Bharati Swami heads. She alleged that during her school days, Raghaveshwara Bharathi Swami took special interest in her and would often ask her about how her studies were going. She further claimed that in 2006, when she was 15 years old, the seer called her to a private room and told her that there were some faults in her horoscope. She alleged that he molested her after telling her he would cure her faults under the guidance of Lord Ram. She claimed that he warned her not to speak about the incident and that she would incur a curse if she did. In her complaint, she added that she did not speak about the incident since she was afraid of the guru. The second incident is alleged to have taken place in 2012, after the complainant became an adult. She claimed that when she turned eighteen, people at the Math told her father that they would find her a husband, allegedly adding that the family would suffer if this was not done. She said that she was eventually forced to get married in 2009 to a man whose family was associated with the Math. She further claimed that the marriage eventually deteriorated and that the couple sat down with elders, including at the Math, to resolve the marital disputes in 2012. Around this time, she alleged that Raghaveshwara Bharathi Swami again raped her. She also claimed that when another rape case was filed against the seer, she was kidnapped by several people and threatened against disclosing anything that had happened to her earlier. She claimed that those associated with the Math, including the seer, threatened to kill her if she were to make any complaints. However, she eventually filed a complaint in 2015. Cognisance of this case was taken by a trial court in 2018, which was challenged by Raghaveshwara Bharathi Swami before the High Court in 2021.By its March 7 order, the Court allowed this plea and quashed the case that was pending before the trial court. "Proceedings in C.C.No.26533 of 2018 pending before I Additional Chief Metropolitan Magistrate, Bengaluru concerning charge sheet No.06 of 2018 and all further proceedings thereto stand quashed qua the petitioner," the judgment stated. Earlier, in December 2021, the High Court had upheld the acquittal of the seer in another rape case filed by a Ramakatha singer in 2014. .Advocate PM Manmohan appeared for Raghaveshwara Bharathi Swami. High Court Government Pleader P Thejesh represented the State. Advocate Aravind M Neglur appeared for the complainant. .[Read Judgment]
The Karnataka High Court on March 7 quashed a rape case filed in 2015 against Raghaveshwara Bharati Swami, a Hindu seer and Pontiff of the Shree Samsthana Gokarna Shree Ramachandrapura Math..Justice M Nagaprasanna found that there was no explanation for the 9-year delay in reporting the alleged incident. The case involved allegations that Raghaveshwara Bharati Swami raped a female disciple twice - once in 2006 when she was a minor of 15 years, and a second time in 2012, when she was an adult. .The Court also found that the chargesheet in this case was filed by an officer of the Crime Investigation Department (CID) before the CID was declared a "police station" by the Karnataka government through a notification in 2024. It added that a 1979 notification issued by the then Mysore government had only deemed the CID to be a "police station" for the purpose of investigation, not for filing chargesheets. It further held that the CID was, therefore, not empowered to file the chargesheet in this case since the Code of Criminal Procedure (CrPC) required the "officer in-charge of the police station" to file the chargesheet. Additionally, the Court also held that the magistrate had not applied his mind while taking cognisance (judicial notice) of the criminal case. For these reasons, the Court allowed the plea by Raghaveshwara Bharati Swami to quash the rape case against him. .The complaint in this case was filed by a former disciple, who did her schooling at a school run by the Math that Raghaveshwara Bharati Swami heads. She alleged that during her school days, Raghaveshwara Bharathi Swami took special interest in her and would often ask her about how her studies were going. She further claimed that in 2006, when she was 15 years old, the seer called her to a private room and told her that there were some faults in her horoscope. She alleged that he molested her after telling her he would cure her faults under the guidance of Lord Ram. She claimed that he warned her not to speak about the incident and that she would incur a curse if she did. In her complaint, she added that she did not speak about the incident since she was afraid of the guru. The second incident is alleged to have taken place in 2012, after the complainant became an adult. She claimed that when she turned eighteen, people at the Math told her father that they would find her a husband, allegedly adding that the family would suffer if this was not done. She said that she was eventually forced to get married in 2009 to a man whose family was associated with the Math. She further claimed that the marriage eventually deteriorated and that the couple sat down with elders, including at the Math, to resolve the marital disputes in 2012. Around this time, she alleged that Raghaveshwara Bharathi Swami again raped her. She also claimed that when another rape case was filed against the seer, she was kidnapped by several people and threatened against disclosing anything that had happened to her earlier. She claimed that those associated with the Math, including the seer, threatened to kill her if she were to make any complaints. However, she eventually filed a complaint in 2015. Cognisance of this case was taken by a trial court in 2018, which was challenged by Raghaveshwara Bharathi Swami before the High Court in 2021.By its March 7 order, the Court allowed this plea and quashed the case that was pending before the trial court. "Proceedings in C.C.No.26533 of 2018 pending before I Additional Chief Metropolitan Magistrate, Bengaluru concerning charge sheet No.06 of 2018 and all further proceedings thereto stand quashed qua the petitioner," the judgment stated. Earlier, in December 2021, the High Court had upheld the acquittal of the seer in another rape case filed by a Ramakatha singer in 2014. .Advocate PM Manmohan appeared for Raghaveshwara Bharathi Swami. High Court Government Pleader P Thejesh represented the State. Advocate Aravind M Neglur appeared for the complainant. .[Read Judgment]
