BENGALURU: Allowing a petition filed by the mother of a sexual crime victim, the Karnataka High Court cancelled bail granted "without applying mind" by a trial court to a lecturer, who allegedly subjected the girl to sexual acts. The trial court had granted bail to L Gururaj from Sullia taluk of Dakshina Kannada district within two days of his arrest.
The reasons given were that the health of his wife, who is also one of the accused for aiding her husband in committing the offence, was deteriorating, the couple has a minor daughter and that he would lose his job if bail was not granted.
The victim's mother moved the high court questioning bail granted on August 10, 2021 by the trial court, which did not give the complainant or the victim an opportunity to oppose.
Setting aside the bail order, Justice HP Sandesh observed that the reasons assigned by the trial court are nothing but perverse and the lower court should have given an opportunity to the complainant, informant and victim before passing the order. The very approach of the trial court in exercising its discretion under Section 439 of CrPC is nothing but capricious, the judge added.
"When the victim was not behaving normally, she was taken to a doctor and on persuasion, she revealed that she was subjected to sexual acts and hence there was a delay in lodging the complaint. In a heinous offence of rape on the minor girl, the delay in lodging the complaint cannot be a ground to disbelieve the case of the complainant," the court observed.
The lecturer has been prosecuted for the offence punishable under provisions of IPC, Protection of Children from Sexual Offences Act and Information Technology Act. The lecturer, who is working in the college where the victim is studying, subjected her to sexual act with the help of his wife.
He allegedly took photographs of the victim in the nude and threatened her with dire consequences if she revealed it to anyone. He subjected her to sexual acts several times.
The victim stated that he also demanded money and she stole Rs.10,000 from the house and gave it to him. The incident took place in October 2018 and the complaint was filed two years later as it was not disclosed by the victim because of threats from the accused.