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While granting anticipatory bail to a rape accused, Karnataka High Court observed that it was unbecoming of Indian women to sleep after she is ravished. The woman has alleged the man of raping her on the pretext of marriage.

He was booked under the charges of rape, cheating, and criminal intimidation.

Justice Krishna S. Dixit has granted the pre-arrest bail to the rape accused Rakesh B with directing him to pay bail bond worth Rs 1 lakh and two sureties with the same amount.

The high court has raised the questions on why the complainant went to her office at 11 pm and didn’t object to having drinks when offered by the accused.

While hearing the bail petition, Justice Krishna S Dixit said, ” Nothing is mentioned by the complainant as to why she went to her office at night i.e. 11.00 pm; she has also not objected to consuming drinks with the petitioner and allowing him to stay with her till morning. 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.”

Opposing the bail petition, the state counsel argued that the offences are serious in nature and prove the accused guilty. He further added that it is unsafe for society to grant anticipatory bail to the offender.

In response to the arguments posed, the judge stated that the serious nature of a crime cannot be a basis to deny the liberty of a citizen especially when there is no prima facie case made by the police. He further added, “the version of the complainant that she was subjected to rape on the false promise of marriage in the given circumstances of the case is a bit difficult to believe at this stage.”

The accused has been granted bail on six strict conditions under which he cannot move out of the jurisdictional limits and have to visit police station on every second and fourth Saturday of every month.


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