Rape of US tourist: Karnataka HC stays case against Coorg homestay owner booked for not reporting offence

The Karnataka High Court on Tuesday stayed criminal proceedings against the Coorg homestay owner booked under the repealed Foreigners Act of 1946 after an employer at the homestay raped a 33-year-old US tourist.

Justice M Nagaprasanna stayed criminal proceedings on the basis that the offences alleged to have been committed by the homestay owner were under a repealed statute.

Further, the Court said the charge under Section 239 (intentional omission to give information of offence to authorities) of the Bharatiya Nyaya Sanhita (BNS) would not stand since there is no legal obligation on the owner, who was not a witness to the crime, to report the allegations to authorities.

"In the light of the chargesheet now filed against the petitioner... the learned counsel Angad Kamath appearing for the petitioners submits that the offence under Foreigner's Act cannot even be maintained as it is alleged under the repealed Act. In so far as 239 is concerned there is no statutory obligation to report the said offence to the authorities. Therefore, in that light there shall be an interim order of stay of all further proceedings qua the petitioner till the next date of hearing. The pendency of this petition or the interim order qua accused no. 2 will not come in the way of further trial, proceedings, or investigation or whatever the case might be qua the other accused," the Court ordered.

The Court was hearing a petition by the homestay owner challenging the framing of charges against him.

The case involves 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 then filed the present petition challenging framing of 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to inform under Section 239 of the BNS, and offences under the Foreigners Act, 1946, a statute which has since been repealed.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 Court heard on the matter on Tuesday and stayed the criminal proceedings against him. The Court made it clear that the proceedings against the other accused can continue.

The matter will be heard again on July 30.

The petitioner was represented by advocate Angad Kamath.

Special Public Prosecutor BN Jagadeesha appeared for the State.