A view of the Karnataka High Court.
Credit: DH File Photo
Bengaluru: The Karnataka High Court has refused bail to a person from Belagavi, who sexually assaulted and also forced a married Dalit woman to convert to Islam, after inducing her on the pretext of getting a job.
Justice S Rachaiah said that considering the mental status and condition of the victim, it is not appropriate to grant bail to the accused.
The accused Rafiq, a resident of Belagavi district, was booked for offences under IPC and SC and ST (Prevention of Atrocities) Act. The police had also filed a charge sheet before the Sessions court. He moved the high court after his application seeking bail was rejected by Sessions Court in Belagavi.
The prosecution case was that the victim had got married in 2013 and the couple has two children. The victim’s mother–in–law was running a retail shop in Munavalli village, Savadatti taluk of Belagavi district and the victim also used to sit in the shop. The accused Rafiq used to visit the shop and befriended the victim. Thereafter, the accused promised the victim that he would get a suitable job and insisted her to elope with him.
The accused took the victim to Belagavi and allegedly confined her in a rented house. The allegation was that he forced her to convert to Islam for marriage. Further, it was stated in the complaint that during her confinement in Belagavi, she was being guarded by a woman to ensure that the victim does not go out of the house. The complaint stated that the victim had been raped on several occasions in the Belagavi.
After the victim managed to escape, her husband lodged a complaint against Rafiq. In his petition, the accused claimed that he has been falsely implicated in this case. He further said that the victim’s family members had not lodged any complaint even after she eloped. That would indicate that the victim was not abducted by anybody, he said.
The court observed that the eagerness of the victim to join her family by leaving the company of the appellant would indicate how much she had been subjected to harassment.
“It is needless to say that, while considering the bail applications, the factors which are required to be considered are nature of offence, gravity thereof and societal impact etc., In the present case, the act of inducing innocent and poor woman and forcibly converting to Islam is a serious development and therefore, in order to avoid such bad development, it is necessary to give message to society that courts are vigilant to regulate such activities and also guarding the innocent and underprivileged women and children of the society,” Justice Rachaiah said.