"Police department helped rape accused police officer escape clutches of law:" Karnataka High Court cancels anticipatory bail, transfers probe

The Karnataka High Court recently canceled the anticipatory bail granted to a police officer accused of rape, observing that the Court has to come to the aid of a woman sexually harassed by a police officer..While cancelling the anticipatory bail, Justice HP Sandesh also observed the police department had helped the accused officer escape the clutches of law and the probe needs to be transferred to Corps of Detectives (COD) for ensuring a fair investigation. It is a classic example of how the police allowed the accused person to go scot-free, instead of arresting him when he himself was available in the police station, the Court stated."Except registering the case against the accused, the officers of the Police Department helped the accused to escape from the clutches of law. It is very clear that the police officials have helped a person, who is a culprit," the order said.The Court also noted that the trial court had, while granting anticipatory bail, overlooked the fact that the accused is a police officer. ."This Court has to come to the rescue of a woman, who was subjected to sexual harassment by the police officer.... The court (trial court), without dwelling upon the factual aspects of the case and also not taking note of the fact that the offence (of rape) was committed by a police officer, exercised its discretion and granted bail, that too, an anticipatory bail in a case where the ingredients of the under Section 376 of IPC has been invoked against a police officer," the High Court said. .The Court, therefore, set aside the trial court order. .The Court further opined that it has to come to the rescue of the victim particularly when no steps were taken for the victim's protection though various complaints were forwarded to the Police department, Home Minister as well as the Chief Minister. ."This Court has to come to the rescue of a woman, who was subjected to sexual harassment by the police officer when no steps are taken by the police officials from the lower level to the higher level, though the complaint is forwarded to the Home Minister as well as the Chief Minister," the order said. .Factual Background.The victim had gotten acquainted with the accused when she approached him to report theft of her laptop. The accused, it was alleged, promised to marry the victim and took her to a lodge one day. He then coerced her to have sexual relations with him on the promise of marriage but she refused. The allegation is that he then raped her. Later, it was discovered that the accused was already married. Subsequently, the victim was forced and threatened by the family members of the accused to refrain from complaining against the former.She, however, went ahead and lodged a complaint against the perpetrator at the Dharmastala police station. As per the complaint, she was then called upon multiple times by the Police Inspector, where he, in the presence of other police officers threatened, sexually abused and beat the victim. She was eventually dropped at her house after three days of illegal custody, it was alleged. She then underwent treatment at KIMS Hospital and also forwarded a complaint to the Principal Civil Judge and JMFC, Belthangady explaining her grievances. A first information report (FIR) was registered against the accused. Meanwhile, he was suspended from his work. Thereafter, he filed an application seeking anticipatory bail and the same was allowed by the trial court. This prompted the victim to approach the High Court, seeking a cancellation of the same. .Arguments of Parties.The victim, who appeared in-person, contended that she had to undergo mental trauma at the hands of the police authorities for raising her voice for justice. Her basic rights were infringed by the authorities and no action was taken by the competent authorities, she contended.Further, she submitted that she was subjected to character assassination, torture and agony which should not happen to anybody else. Besides seeking cancellation of anticipatory bail, she also prayed that the case be transferred to COD for fair investigation. The accused, on the other hand, submitted that the Court could cancel anticipatory bail invoking Section 482 of Code of Criminal Procedure only under special circumstances. Secondly, it was alleged that the petitioner was habituated to filing various complaints against others..What the Court held.After going through the facts of the case, the Court noted that no fair investigation had been conducted in the matter. "The District Superintendent of Police, in spite of severe allegations being made against the local police, allowed the very local police to conduct the investigation in the matter. When the specific allegations are made against the Inspector, Sub Inspector and other staff, the District Superintendent of Police ought to have changed the Investigating Officer in order to conduct a fair investigation and the same has not been done," the Court said..Further, the Court said that despite the allegations and clear medical evidence that petitioner was subjected to assault and threatened, none of the police officials took any action. .The Court said that a police officer cannot abuse his/ her powers even if the complainant woman is of "bad character". "All the police machinery have come to the conclusion that she is having the bad character. Even assuming for a moment that she is having a bad character, whether the person, who is obligated to protect the people, could abuse his powers." .The Court opined that mere suspension of accused from service will not guarantee a fair investigation. .The Court also held that the police stage-managed in not producing records before the trial court when the anticipatory bail application of the accused was heard. "(Trial Court) Judge also while considering the anticipatory bail comes to the conclusion that there was no prima facie material against the accused. It appears that the police have stage managed in not producing the records before the learned Judge that she was subjected to sexual harassment," Justice Sandesh noted. .The Court further expressed apprehension that the accused would be able to tamper with the evidence and investigation, if anticipatory application is not cancelled. On these grounds, the Court proceeded to cancel the anticipatory bail granted to the accused. "Hence, I am of the opinion that it is a fit case where this Court can exercise the powers in setting aside the anticipatory bail granted by the Trial Court, which has been passed without looking into the relevant factors which ought to have been taken into consideration while dealing with the application for bail," the judge said.While doing so, the Court also ordered transfer of the case to the COD and further directed that action be taken against the concerned police officers who helped the accused.