<p>Justice <strong>Krishna Dixit</strong> of the Karnataka High Court has expunged certain remarks made against a rape victim in his recent order granting anticipatory bail to an accused (<em>Rakesh B v. State of Karnataka</em>).</p>.<p>Highlighting this, the revised order passed on July 1 and uploaded on the High Court website today, reads, </p>.<div><blockquote>"Taking note of the contents of respondent-State’s Application which is supported by the accompanying Affidavit and also the No Objection tendered by the petitioner-accused thereto, I deem it appropriate to expunge the last four lines occurring in para No.3(c) at Page 4 of the subject Judgment dated 22.06.2020, as sought for at para 5 of the said Application, the rest having been retained intact."</blockquote><span class="attribution">Karnataka High Court</span></div>.<p>The para in question earlier read,</p><p><em>"...nothing is mentioned by the complainant as to why she went to her office at night ie., 11.00 p.m.; she has also not objected to consuming drinks with the petitioner and allowing him to stay with her till morning; <strong>the explanation offered by the complainant that after the perpetration of the act she was tired and fell asleep, is unbecoming of an Indian woman; that is not the way our women react when they are ravished."</strong></em></p>.<p>Justice Dixit has further clarified that the observations made by the High Court shall not influence the investigation of the offences alleged and the likely trial. The revised order states,</p>.<p><em>"It hardly needs to be stated that the observations made by this Court in the subject Judgment being confined to consideration & disposal of the bail petition, shall not influence in any way the investigation of the offences alleged and the likely trial thereof."</em></p>.<p>The application in this regard was moved by Government Pleader <strong>Nageshwarappa</strong>.</p>.<p>Recently, the Single Judge Bench had strangely observed in its order that it was <a href="https://www.barandbench.com/news/litigation/unbecoming-of-an-indian-woman-to-sleep-after-being-ravished-not-how-our-women-react-karnataka-hc-while-granting-bail-to-rape-accused">"unbecoming" of an alleged rape victim to have fallen asleep after being "ravished"</a>.</p>."Unbecoming of an Indian woman" to sleep after being ravished, not how our women react: Karnataka HC while granting bail to rape accused .<p>The remark made in this part of the order was met with heavy criticism from the legal fraternity and civil society alike.</p>.Comments of Karnataka HC Judge on conduct of rape victim is "misogyny at worst", SC Lawyer in Open Letter to CJI and Woman Judges.<p>Voicing concern over these remarks, women’s rights activists, individuals, and groups had addressed <a href="https://www.barandbench.com/news/open-letter-urges-self-correction-of-karnataka-hc-remarks-rape-bail-order">an open letter </a>condemning Justice<strong> Krishna S Dixit’s</strong> statements in his June 22 order.</p>.<p>Foremost among the concerns raised was the judge’s remark that the complainant sleeping after the alleged rape was “'<em>unbecoming'</em> <em>of an Indian woman</em>” and not in accordance with “<em>the way our women react when they are ravished</em>."</p>.Debriefed: The controversy over Justice Krishna Dixit's “misogynistic” remarks.<p>This apart, another <a href="https://www.barandbench.com/news/comments-of-karnataka-hc-judge-on-conduct-of-rape-victim-is-misogyny-at-worst-sc-lawyer-open-letter">open letter</a><strong><a href="https://www.barandbench.com/news/comments-of-karnataka-hc-judge-on-conduct-of-rape-victim-is-misogyny-at-worst-sc-lawyer-open-letter"> </a></strong><a href="https://www.barandbench.com/news/comments-of-karnataka-hc-judge-on-conduct-of-rape-victim-is-misogyny-at-worst-sc-lawyer-open-letter">was addressed</a> to Chief Justice of India <strong>SA Bobde</strong> and the Supreme Court's, Justices<strong> R Banumathi, Indu Malhotra </strong>and <strong>Indira Banerjee </strong>by<strong> </strong>Advocate <strong>Aparna Bhat, </strong>urging the Court to issue an advisory to all High Courts and subordinate courts to refrain from commenting on the conduct of victims of sexual violence.</p>.<p><strong>[Read the revised order]</strong></p>
<p>Justice <strong>Krishna Dixit</strong> of the Karnataka High Court has expunged certain remarks made against a rape victim in his recent order granting anticipatory bail to an accused (<em>Rakesh B v. State of Karnataka</em>).</p>.<p>Highlighting this, the revised order passed on July 1 and uploaded on the High Court website today, reads, </p>.<div><blockquote>"Taking note of the contents of respondent-State’s Application which is supported by the accompanying Affidavit and also the No Objection tendered by the petitioner-accused thereto, I deem it appropriate to expunge the last four lines occurring in para No.3(c) at Page 4 of the subject Judgment dated 22.06.2020, as sought for at para 5 of the said Application, the rest having been retained intact."</blockquote><span class="attribution">Karnataka High Court</span></div>.<p>The para in question earlier read,</p><p><em>"...nothing is mentioned by the complainant as to why she went to her office at night ie., 11.00 p.m.; she has also not objected to consuming drinks with the petitioner and allowing him to stay with her till morning; <strong>the explanation offered by the complainant that after the perpetration of the act she was tired and fell asleep, is unbecoming of an Indian woman; that is not the way our women react when they are ravished."</strong></em></p>.<p>Justice Dixit has further clarified that the observations made by the High Court shall not influence the investigation of the offences alleged and the likely trial. The revised order states,</p>.<p><em>"It hardly needs to be stated that the observations made by this Court in the subject Judgment being confined to consideration & disposal of the bail petition, shall not influence in any way the investigation of the offences alleged and the likely trial thereof."</em></p>.<p>The application in this regard was moved by Government Pleader <strong>Nageshwarappa</strong>.</p>.<p>Recently, the Single Judge Bench had strangely observed in its order that it was <a href="https://www.barandbench.com/news/litigation/unbecoming-of-an-indian-woman-to-sleep-after-being-ravished-not-how-our-women-react-karnataka-hc-while-granting-bail-to-rape-accused">"unbecoming" of an alleged rape victim to have fallen asleep after being "ravished"</a>.</p>."Unbecoming of an Indian woman" to sleep after being ravished, not how our women react: Karnataka HC while granting bail to rape accused .<p>The remark made in this part of the order was met with heavy criticism from the legal fraternity and civil society alike.</p>.Comments of Karnataka HC Judge on conduct of rape victim is "misogyny at worst", SC Lawyer in Open Letter to CJI and Woman Judges.<p>Voicing concern over these remarks, women’s rights activists, individuals, and groups had addressed <a href="https://www.barandbench.com/news/open-letter-urges-self-correction-of-karnataka-hc-remarks-rape-bail-order">an open letter </a>condemning Justice<strong> Krishna S Dixit’s</strong> statements in his June 22 order.</p>.<p>Foremost among the concerns raised was the judge’s remark that the complainant sleeping after the alleged rape was “'<em>unbecoming'</em> <em>of an Indian woman</em>” and not in accordance with “<em>the way our women react when they are ravished</em>."</p>.Debriefed: The controversy over Justice Krishna Dixit's “misogynistic” remarks.<p>This apart, another <a href="https://www.barandbench.com/news/comments-of-karnataka-hc-judge-on-conduct-of-rape-victim-is-misogyny-at-worst-sc-lawyer-open-letter">open letter</a><strong><a href="https://www.barandbench.com/news/comments-of-karnataka-hc-judge-on-conduct-of-rape-victim-is-misogyny-at-worst-sc-lawyer-open-letter"> </a></strong><a href="https://www.barandbench.com/news/comments-of-karnataka-hc-judge-on-conduct-of-rape-victim-is-misogyny-at-worst-sc-lawyer-open-letter">was addressed</a> to Chief Justice of India <strong>SA Bobde</strong> and the Supreme Court's, Justices<strong> R Banumathi, Indu Malhotra </strong>and <strong>Indira Banerjee </strong>by<strong> </strong>Advocate <strong>Aparna Bhat, </strong>urging the Court to issue an advisory to all High Courts and subordinate courts to refrain from commenting on the conduct of victims of sexual violence.</p>.<p><strong>[Read the revised order]</strong></p>