Karnataka High Court recently granted bail to a rape accused who was accused of raping a married woman.
The Court observed that the victim and the accused were in a consensual relationship and that the married woman used to video call him in the morning. The accused used to take screenshots of the private parts of the woman.
“The victim was using the mobile phone of her husband to make video calls to the petitioner. The very fact that the victim used to make a video call to the petitioner in the early morning between 4-5am shows her consent the the said act.”
Justice Shivashankar Amarannavar.
Both the petitioner-accused and the victim are from the same village, they had an affair before the victim got married to another man. They both had physical relationship even after her marriage and the woman used to video call him early in the morning.
The woman filed a complaint under Sectuons 354C, 506, 376, 450 of the Indian Penal Code and Section 67 of Information Technology Act,2000 after the accused sent her pictures to her husband after she stopped making video calls to the accused. The screenshots sent to the woman’s husband ruined her marriage, so she accused the petitioner of rape.
The Court observed that the offences alleged against him are not punishable with death or imprisonment for life, however, the offence under Section 67 of I.T. Act is punishable with imprisonment for three years and fine of ₹5 lakhs.
“There are no criminal antecedents of the petitioner. The main objection of the prosecution is that in the event of granting bail, the petitioner is likely to cause threat to the complainant and other prosecution witnesses. The court said objection may be met with by imposing stringent conditions.”
The Court granted bail to the accused on a personal bond for a sum of ₹1 lakh with one surety for ₹1 lakh.