BEING A GOVERNMENT EMPLOYEE IS NOT A VALID REASON TO GRANT BAIL - KARNATAKA HC 

Recently, single-judge Justice HP Sandesh of the Karnataka High Court observed that being a government cannot be a reason to grant bail to a person accused of rape. The Court was hearing the bail plea of an employee at Karnataka Electricity Corporation Limited (KPTCL). The Assistant Executive Engineer was arrested on charges of raping and threatening a young woman.

The Court rejected his bail plea on the ground that the statement of the victim and the medical evidence revealed that she was subjected to sexual acts against her will. 

In September 2021, the accused took the victim to a homestay for food. He sexually assaulted her there, and after committing the offense, he promised to marry her. He also threatened to kill her if she disclosed the incident to her anyone.

Advocate Kemparaju, appearing for the Petitioner, argued that the Petitioner is a government employee, and a false case had been filed against him. Moreover, the complaint was filed one and a half months after the alleged incident. The victim is a major, 23 years ten months old, and was not forced, while the accused is 25 years old and has been in judicial custody since November 2021, which is negatively affecting his career. 

The Court rejected the bail plea and said, "the fact that Petitioner is a Government employee is not a ground to grant him on bail, where the serious offense of rape has been alleged against the Petitioner. Prima facie, the medical evidence reveal that there was a tear in the hymen and was subjected to sexual acts. 

Author: Papiha Ghoshal