Bengaluru: The Homestay Owner, who was arrested in connection with the alleged sexual assault of an American tourist, has approached the Karnataka High Court seeking to quash the criminal proceedings against him and challenging the legality of the action initiated by the police.
The case relates to a complaint filed by a 33-year-old American woman who alleged that she was drugged, wrongfully confined and sexually assaulted while staying at a homestay in Kutta, in April this year. Following the complaint, the Kutta police registered a case and arrested the homestay owner along with cook of the homestay.
The matter has attracted significant attention, with the Karnataka High Court observing during the hearing that allegations of rape involving a foreign national are a serious concern and require careful consideration and thus the probe would not be halted.
A significant portion of the petition focuses on what the petitioner describes as conduct by the complainant that is inconsistent with the allegations made against him.
The petitioner has questioned certain aspects of the investigation and the conduct of the complainant following the alleged incident. According to the petition, the complainant declined to undergo a medical examination in Mysuru when the police sought the homestay owner’s remand. The petitioner has cited this circumstance, along with other events described in the petition, to contend that the material on record does not support the allegations made against him.
According to the petition, within 17 minutes of the alleged offence, the complainant sent the petitioner an effusive WhatsApp message containing emojis and thanking him for arranging Wi-Fi connectivity at the homestay. The petitioner further claimed that within hours of the alleged incident, the complainant made a 16-minute telephone call to a friend in the United States from inside the homestay premises. He contended that this contradicted the allegation that she had been deliberately denied Wi-Fi access or was unable to communicate with others following the incident.
The petition also states that the following morning, the complainant allegedly sent a lengthy and defiant email to seven recipients. On the same day, she is said to have travelled openly with the petitioner’s mother and wife to the Sub-Registrar’s Office in Ponnampet, where she allegedly greeted a family business associate in an enthusiastic manner.
The petitioner further submitted that he is furnishing CCTV footage recorded at the homestay between April 12 and April 18 for the Court’s perusal, contending that the footage would assist in examining the sequence of events and the claims made in the case.
Citing these and other circumstances, the petitioner has argued before the High Court that the material on record does not support the allegations against him and has sought quashing of the criminal proceedings. The petitioner has denied all allegations levelled against him.
The petitioner has also sought compensation of ₹15 lakh from the State for the alleged loss of his liberty, dignity and reputation, contending that his arrest was illegal and carried out in violation of established legal procedures.
The State, however, has opposed the plea and maintained that the allegations are serious in nature and require a full investigation.
Observing that it would first examine the material gathered during the investigation, the High Court directed the Additional State Public Prosecutor to place the complete investigation records before it on Wednesday.
