BENGALURU: The 42nd Additional Chief Metropolitan Magistrate (ACMM) court on Friday reserved the order on the bail petition filed by Holenarasipur MLA HD Revanna in a sexual harassment case till Monday. The court also extended his interim bail, which was granted earlier this week.
Revanna came to the court barefoot for the hearing. Special Public Prosecutor (SPP) Jayna Kothari requested the court for an in-camera hearing.
The SPP told the court that Section 376 has been added based on the statements of the victim, and the hearing should be conducted in a sessions court and not at the magistrate court. Once a rape charge is pressed, it does not come under the jurisdiction of the magistrate court as Section 376 carries life imprisonment, the SPP argued. Meanwhile, the court, on Monday, will also decide whether to continue the hearing in the same court or to refer the case to a sessions court.
“The Holenarasipur Town police station’s sexual harassment case against Revanna and Hassan MP Prajwal Revanna should not be divided. It is not possible to say that Revanna is not accused of rape. Bail cannot be granted for the accused under CrPC Section 436, since IPC Section 376 is a non-bailable offence. Investigation against both the accused is still going on and the details will be known only after the chargesheet is filed. The victim, in her statements, has said that she could not bear the harassment from Revanna and Prajwal and left home. Ashraya Mane provided to the victim has been taken back and despite a complaint to the District Collector, no justice was delivered,” Kothari argued.
Ashok N Nayak, SPP, said that both Revanna and Prajwal have sexually assaulted the victim and she has been repeatedly raped and it is not possible to divide the accused and the case.
Senior advocate CV Nagesh, who argued for Revanna, said the victim’s complaint has been typed and registered, while it should have been videotaped. “The Act was amended in 2013 to protect the dignity of the victims. Rules are not followed. FIR had been registered illegally and it is a false case. Section 376 has not been mentioned in any of the notices given to Revanna so far and hence bail must be granted,” Nagesh argued.