The Karnataka High Court has declined to grant bail to a man accused in a rape case, invoking both an ancient verse from the Manusmriti and a remark by Mahatma Gandhi to stress the importance of safeguarding women’s dignity.
The case concerns a 19-year-old Scheduled Tribe woman from Banka, Bihar, whose parents work at a cardamom estate in Kerala. On April 2, she arrived at Bengaluru’s KR Puram railway station around 1.30 am with her cousin, en route to Mahadevapura for a meal.
According to the prosecution, the two were accosted near the station by two men. While the accused restrained the cousin, his accomplice dragged the young woman to a secluded spot and raped her. Her cries for help drew locals, who apprehended the alleged rapist before police arrested both men.
The accused were charged under several provisions of the Bharatiya Nyaya Sanhita (BNS) relating to rape, wrongful restraint, intimidation, and common intention, along with offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
During the hearing, the defence argued that the petitioner had no direct role in the assault and had been falsely implicated. The prosecution countered that he actively facilitated the crime by threatening the cousin and preventing resistance.
Justice S. Rachaiah, ruling on the bail plea on September 4, observed the seriousness of the incident and the lifelong trauma suffered by the survivor. “The act committed by the accused, along with another, will remain as a scar in her life. It would be very difficult for her to overcome the agony she has undergone,” the judge said.
Quoting the Manusmriti, the court noted: “Yatra naryastu pujyante ramante tatra devata, yatraitaastu na pujyante sarvaastatrafalaah kriyaah” — meaning that where women are respected, divinity thrives, but where they are dishonoured, all deeds lose value.
Justice Rachaiah also invoked Mahatma Gandhi’s words: “The day a woman can walk freely on the road at night, that day we can say that India has achieved independence.”
The court thus refused to release the accused on bail, underlining the need to protect the dignity and safety of women in society.
