The Karnataka High Court has directed the state government to present all current investigation records concerning the alleged rape of a 33-year-old American citizen in Kodagu district.
Justice M Nagaprasanna on Monday ordered Additional State Public Prosecutor B N Jagadeesha to obtain and submit the case files by Wednesday, which is scheduled as the next date of hearing. The directive came during the hearing of a petition filed by a local homestay owner who is seeking to have the criminal charges against him dismissed.
Court Declines Immediate Stay
The homestay owner was arrested on April 22 along with an employee at his establishment. During Monday’s proceedings, the petitioner’s advocate, Angad Kamath, argued that his client’s fundamental rights had been violated. In response, Justice Nagaprasanna stated that he could not issue an immediate, blanket stay order on the case without first reviewing the official investigation files.
The judge also observed during the hearing that the sexual assault of a foreign citizen in the country is an exceptionally serious offense.
Defense Contests Arrest And Cites Communications
Kamath argued before the court that the homestay owner is challenging the legal validity of his arrest and is seeking Rs 15 lakh in compensation for wrongful detention. The defense emphasized that the complainant’s accusations against the owner do not involve the act of rape itself, but rather allegations that he attempted to suppress the complaint.
According to the petitioner, the complainant’s statement to the police, recorded under Section 180 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), contains no claim that she ever informed the homestay owner of the alleged assault.
The defense presented several post-incident actions by the complainant to argue that the prosecution’s narrative is contradicted by documented evidence. The petitioner claims that within 17 minutes of the alleged assault, the American tourist sent the owner an affectionate WhatsApp message containing emojis and thanking him for providing Wi-Fi access.
The following morning, the tourist reportedly sent a lengthy email to seven people—including her parents, sister, boyfriend, and employer—making no mention of any assault. Later that day, she traveled to the Sub-Registrar’s Office in Ponnampet with the petitioner’s mother and wife, where she reportedly greeted a business associate of the family. Three days after the alleged incident, she also went on a full-day sightseeing excursion to an elephant camp and the Bylakuppe Golden Temple with a hired driver, taking multiple photographs and videos.
Allegations Of Facilitating Crime
The police, however, maintain a different version of events. Authorities allege that the homestay owner compelled the tourist to remain at the property, instructed her not to contact law enforcement, and actively prevented her from communicating with others.
The petitioner countered that this prosecution theory assumes he had prior knowledge of the crime, a claim that he asserts is not supported or pleaded by the complainant, and is refuted by the record.
Background Of The Alleged Offense
The incident stems from an event on April 12, when a 45-year-old resort worker from Jharkhand allegedly spiked the tourist’s drink and sexually assaulted her. The victim, who was traveling alone, did not immediately report the incident to local authorities. According to the Karnataka Police, the matter came to light in the third week of April after the tourist left the homestay for Mysore and contacted officials at the United States Embassy.
Following the embassy notification, police arrested both the resort worker and the homestay owner on April 22. The homestay owner faces charges under the Bharatiya Nyaya Sanhita (BNS) for concealing designs to commit an offense, giving false information, and criminal intimidation.
A local district court previously granted bail to the homestay owner on May 2. However, the court denied bail to the 45-year-old worker on June 4.
