Karnataka HC denies bail to rape accused, cites Gandhi and Manusmriti

Bengaluru: The Karnataka High Court has refused to grant bail to a man accused in a rape case, invoking a verse from Manusmriti pertaining to respecting women and a remark by Mahatma Gandhi while underscoring the need to safeguard women's dignity.

The case concerns a 19-year-old Scheduled Tribe woman from Banka, Bihar, whose parents are employed at a cardamom estate in Kerala. On April 2, she arrived at Bengaluru's KR Puram railway station around 1.30 am from Kerala.

Accompanied by her cousin and heading toward Mahadevapura for a meal, she was allegedly accosted by two men near the station.

According to the prosecution, the accused restrained the cousin while his accomplice dragged the woman to a nearby spot and raped her.

Locals intervened after she cried for help. The alleged rapist was caught before police took both men into custody.

The two were booked under several provisions of the Bharatiya Nyaya Sanhita, including sections on rape, wrongful restraint, intimidation, and common intention, along with charges under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

During the hearing, the defence argued that the petitioner had been falsely implicated, contending that he had no direct role in the sexual assault.

The prosecution, however, maintained that he actively enabled the crime by threatening the cousin and preventing him from resisting.

Justice S Rachaiah, ruling on the bail plea on September 4, highlighted the gravity of the incident and the trauma endured by the survivor.

"The act committed by the accused, along with another, will remain as a scar in her life. It would be very difficult for her to overcome the agony she has undergone," the judge observed.

The bench then cited a verse from Manusmriti: "Yatra naryastu pujyante ramante tatra devata, yatraitaastu na pujyante sarvaastatrafalaah kriyaah" meaning that where women are respected, divinity thrives, but where they are dishonoured, all deeds lose value.

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