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The Karnataka High Court has cancelled an anticipatory bail filed by a police constable who is an accused in a rape case. The constable named Fakirappa Hatti was a respondent-2 in the rape case, where he was taking advantage of a victim allegedly involving her in sexual acts with him and promising her to marry her. This was happening from 2019 till February 2022.
The Trail Court in an early conclusion, named this offence as consensual sexual act and was about grant anticipatory bail, but with the intervention of the High Court of Karnataka it got cancelled. Justice H.P. Sandesh in a recent case has set aside the grant of anticipatory bail to a police constable by the Trail court. Justice Sandesh has ordered the police to take the police constable into custody.
The background of the case: the woman in the case that is the complainant has filed a case against the Police constable named Fakirappa Hatti. The said constable has promised the woman to marry her and has been in a sexual relationship with the complainant. This was happening from the year 2019 and this February she confronted the constable on, whether or not the constable is going to marry the complainant. When there was no response she decided to file a case in the local police station where the accused was working, but the case was not filed by the police. She then tried to file the complaint in front of the police commissioner, but even then the police department has not taken action against the accused. The complainant then approached the deputy commissioner of police to complain but the DCP has also not taken any action against the accused. With no other option, the complainant has filed a private complaint in front of the magistrate.
The magistrate referred the case for investigation. The Trail court has made a huge error while dealing with the case assuming that since the victim was in a sexual relationship with the accused for all three years the Trail court has decided that the sexual act between the victim and the accused is consensual. After getting to this conclusion the Trail court was about to heal the anticipatory bail petition filed by the accused and was about to grant the anticipatory bail, but the intervention of the High court changed the view of the case. Justice Sandesh has stated that the accused false promise of marriage for having an undue influence over the victim to have sexual pleasure was not consensual.
Having made this kind of false promise the victim has played into the hands of the accused and was blindly following what the accused was saying. This kind of involvement of the complainant cannot be counted as a consensual act. And the High Court has asked, “what was the point of the police department not taking any action when this kind of complaint is being lodged but no action is being taken?”. Stating all the errors that happened all along were set aside and the High Court has asked the police department to have the custody of the accused. And the anticipatory bail by the accused was dismissed by the High Court.
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