The Karnataka High Court has granted conditional bail to a rape accused, after learning that the alleged victim, a married woman, herself willingly posed nude over the phone and had consensual sex with the accused person.
The bench headed by Justice Shivashankar Amarannanavar accepted the petition and granted the bail to the man on Thursday. The court noted,
It is a case of consensual sex. The victim had a physical relationship before and post her marriage. It has come to notice that the victim made calls from her husband’s cell phone early in the morning between 4am & 5 am and showed her private parts”
Case:
The accused Basanagouda, a resident of Koppal, was arrested on charges of rape and for sending the screenshots of nude pictures of the victim to her husband. Subsequently, he had approached the high court seeking bail.
A case has been registered against him under Section 67 of IT Act for sending obscene pictures in electronic form.
Background:
The rape accused and victim are relatives and hail from the same village. After allegedly promising marriage, the accused developed a physical relationship with her. However, the woman got married to another person.
Even after marriage, both continued to maintain physical relationship with each other.
The accused demanded that she show her private parts during their conversation over the cellphone. The victim agreed and fulfilled his demands. The accused had taken screenshots of the nude videos.
When the accused did not receive calls from the woman for 15-days, he forwarded the woman’s nude pictures to the cellphone of her husband on April 5, 2021. After receiving the same, husband quarrelled with his wife and sent her back to her parents’ home.
The married woman thus lodged a police complaint against the accused, alleging rape, threat to life and other charges the very next day and subsequently Basanagouda was arrested.
Karnataka High Court
It is noted that the victim was willing to have a physical relationship and willfully showed her private parts on mobile after making calls to the accused person, the bench said.
The court further said that there are no charges against the accused which can attract life imprisonment and neither does he have a criminal background.
In this case, he could be jailed for three years and a fine of Rs 5 lakh could be imposed, the bench added. Concluding the matter, the high court remarked,
There is an objection that there is threat to life of the victim in case the bail is granted to the accused. Under the circumstances of the victim giving her consent for physical relationship and showing her private parts on mobile, the matter of whether she will face life threat should be decided by the lower court which is looking into the issue.
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