Bengaluru: A woman does not sleep after being sexually assaulted, said the Karnataka High Court while giving pre-arrest bail to a rape accused.
The court said this is not how Indian women react when they are assaulted, doubting the version of the complainant in the present case.
“The explanation offered by the complainant that after the perpetration of the act she was tired and fell asleep, is unbecoming of an Indian woman; that is not the way our women react when they are ravished,” held Justice Krishna S Dixit.
The judge added the complainant could not explain why she went to office at 11 in the night, drank with the accused and also allowed the accused to stay the night with her.
The court further noted the complainant’s charge that she was sexually assaulted on a false promise of marriage was a “bit difficult to believe” given the fact that the accused was in her employment for the last two years but she never complained earlier.
While mentioning another reason for granting bail, the Court said that the “woman neither alerted the police nor the public about the conduct of her employer”.
Besides, there was also a letter adduced by the accused that read the complainant was willing to compromise and withdraw her complaint on certain conditions.
“Thus, there are sufficient grounds to admit the petitioner to Advance Bail, especially when granting of bail is the rule and denial is an exception,” maintained Justice Dixit.
The High Court gave its order on June 22, three days after the accused’s pleas for similar relief was rejected by a sessions Court on June 19.
The Court further noted that another concern was the Covid-19 pandemic, which poses threat of infection to detainees in prison.
It, however, said that imposing strict conditions will ensure the accused does not escape during the bail period. The conditions included asking accused not to leave the jurisdiction of the court and presenting himself before the jurisdictional police twice a month.
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