Bengaluru: The Karnataka High Court on Monday quashed the chargesheet filed against homestay owner Vishal Ponnappa in connection with the alleged rape of a US national at his property, holding that the material placed by the prosecution did not make out the offences alleged against him.
Justice M. Nagaprasanna allowed Ponnappa’s petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and ordered that the chargesheet filed against him on June 7, 2026, in Crime No. 34 of 2026 at Kutta police station, be quashed. The court said Ponnappa “stands obliterated” from the case, while making it clear that its observations would apply only to his case and would not affect proceedings against the other accused.
The case relates to allegations made by a 33-year-old US national who was staying at Ponnappa’s Homestay in Kutta, in April. According to the complaint, a homestay employee allegedly served her a spiked welcome drink and sexually assaulted her after she lost consciousness.
Ponnappa was not accused of committing the alleged sexual assault. He was subsequently implicated on allegations that he had failed to report the offence and had attempted to screen the alleged offender.
Earlier court had declared his arrest illegal
The latest order follows a separate but closely connected ruling by Justice Nagaprasanna on July 15, when the court declared Ponnappa’s arrest in the same case illegal and directed the State government to pay him ₹5 lakh compensation.
At that stage, however, the court had refused to quash the FIR, holding that the investigation into the case should continue. The court specifically reserved liberty for Ponnappa to approach it again if he was aggrieved by the final report.
The court’s finding on the arrest was based, among other things, on the nature of the offences invoked against Ponnappa. It noted that Sections 238 and 239 of the BNS were non-cognisable offences and that Section 3(5) of the BNS, concerning common intention, had been added at the stage of remand.
The court held that the police could not use those provisions to justify an arrest in the circumstances of the case and described the arrest as a violation of Ponnappa’s fundamental right to personal liberty. It awarded him Rs 5 lakh as compensation.
The court had also emphasised that the fact that the complaint had been communicated through the US Embassy could not justify compromising the fundamental rights of an Indian citizen.
The order brings to an end the chargesheet proceedings against Ponnappa personally, while the criminal case concerning the alleged sexual assault and the other accused remains unaffected.
Join our WhatsApp Group for News and Article Alerts
