Karnataka High Court Denies Bail in Rape Case Citing Ancient Wisdom and Gandhi's Philosophy on Women's Dignity

The Karnataka High Court emphasized the importance of protecting women's dignity in a recent ruling.

Bengaluru:

In a significant judgment, the Karnataka High Court rejected a bail application from a man implicated in a rape case. The court's decision referenced both ancient wisdom from Manusmriti and Mahatma Gandhi's philosophy regarding women's dignity and respect.

The case involves a 19-year-old woman belonging to a Scheduled Tribe from Banka, Bihar. Her parents work at a cardamom estate in Kerala. The incident occurred when she arrived at Bengaluru's KR Puram railway station at approximately 1:30 am on April 2, having traveled from Kerala.

The young woman was with her cousin and intended to visit Mahadevapura for food when they were allegedly confronted by two men near the station.

According to prosecutorial evidence, while one accused detained the cousin, his accomplice forcibly took the woman to a nearby location and sexually assaulted her.

When she screamed for assistance, local residents intervened. The alleged perpetrator was apprehended before police arrived and took both suspects into custody.

The authorities charged both men under various provisions of the Bharatiya Nyaya Sanhita, including sections related to rape, wrongful restraint, intimidation, and common intention. Additional charges were filed under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

During court proceedings, defense counsel argued that the petitioner had been falsely implicated and had no direct involvement in the sexual assault.

The prosecution countered this assertion, maintaining that he was an active participant by threatening the victim's cousin and preventing intervention during the attack.

On September 4, Justice S Rachaiah delivered the ruling on the bail petition, emphasizing the severity of the incident and the lasting trauma experienced by the survivor.

"The actions committed by the accused and his accomplice will remain as a permanent scar in her life. Overcoming such trauma and agony would be extremely difficult for her," the judge noted in his observation.

The court then quoted a verse from Manusmriti: "Yatra naryastu pujyante ramante tatra devata, yatraitaastu na pujyante sarvaastatrafalaah kriyaah," which translates to "where women are honored, divinity flourishes, but where they are disrespected, all actions become fruitless."

Justice Rachaiah also cited Mahatma Gandhi's profound statement: "The day a woman can walk freely on the road at night, that day we can say that India has achieved independence."