Karnataka HC orders ₹5 lakh compensation to Coorg homestay owner illegally arrested for not reporting rape of tourist

The Karnataka High Court on Wednesday quashed the arrest of Coorg homestay owner booked under the repealed Foreigners Act of 1946 after an employee at the homestay raped a 33-year-old US tourist.

Justice M Nagaprasanna allowed the criminal petition in part directing that investigation in the crime should continue but the homestay owner must be released from custody.

Pertinently, the Court also directed the State to pay ₹5 lakh as compensation for the illegal arrest.

However, the Court did not quash the FIR.

"On a summation of the preceding analysis, there is no warrant of interference at the stage of crime in the result the prayer with the quashing of the crime is sans acceptance. The arrest of the petitioner is declared illegal. The petitioner becomes entitled for compensation for such illegal arrest. The criminal petition is allowed in part. The arrest of the petitioner is declared illegal. The petitioner becomes entitled to compensation at ₹5 lakhs for such illegal arrest. The State shall pay such aforesaid compensation within 4 weeks from the date of receiving the copy of the order," the Court said.

Noting the petitioner has already approached the Court challenging the chargesheet filed against him, the Court allowed his release.

The order added that the investigation can continue into the case and the homestay owner can approach the Court if he is aggrieved by the final order in the petition against the framing of charges.

"The challenge to the FIR in crime no 34 spells that it is imperative that investigation should continue. Liberty is reserved to the petitioner to knock at the doors of the Court in the event he is aggrieved with the final order," the Court said.

The Court was hearing a petition seeking quashing of the first information report and his arrest.

The case involved allegations that a 25-year-old homestay worker spiked a drink given to an American tourist before sexually assaulting her on April 12. He was later arrested and is presently in jail. His bail plea was recently rejected by a trial court.

Later, the homestay owner was arrested on April 19 for allegedly hiding information about the incident.

He was granted bail on May 2.

He had also filed a separate plea against the order framing charges against him.

The charge-sheet, insofar as the homestay owner was concerned, did not press any charge of rape or sexual assault.

Instead, he was charged for non-reporting/omission to inform under Section 239 of the BNS, and offences under the Foreigners Act, 1946, a statute which has since been repealed.

The homestay owner contended that the charge-sheet marked a complete departure from the grave allegations initially projected against him, and that the surviving allegations did not disclose any offence of rape or sexual assault against him.

The plea against chargesheet is pending before the Court.

Advocate Angad Kamath represented the homestay owner.

The State was represented by Special Public Prosecutor BN Jagadeesh.