'Police Can't Expect Accused To Answer The Way It Wants': Karnataka HC Grants Pre-Arrest Bail To Prajwal Revanna's Mother In Kidnapping Case

The Karnataka High Court today granted anticipatory bail to Bhavani Revanna, Prajwal Revanna's mother, who has been charged with kidnapping a woman.

A single judge bench of Justice Krishna S Dixit while pronouncing the order remarked, "I have marched a step forward in protecting a woman from unnecessary or avoidable custody. In our social setup they are hub of the family."

The bench noted that though State alleged non-cooperation on her part, Bhavani Revanna had answered all 85 questions put to her. "Police should not expect accused should give answers the way the police wants. That is not the law..." it said. However, it prescribed that Bhavani Revanna will not enter the districts of Mysore and Hassan, in any circumstances except for the purpose of investigation.

The Court has also cautioned against "media trial" stating, "Because, when we...common man read newspapers they believe it. Print media, social media in case of a woman should be cautious, they should not disturb the family life." 

The Court had on June 14, reserved its order and had continued the interim protection till the final decision.

Special Public Prosecutor Ravivarma Kumar sought for cancellation of the interim bail order on the ground that the Bhavani Revanna has not been cooperating with the investigation and giving false replies to the questions posed to her. “We are not able to do any headway because of her non-cooperation. The petitioner has not surrendered her mobile phone for which custodial interrogation is required," he said.

Kumar also argued that the anticipatory bail application was not maintainable in view of the non-bailable warrant issued against Bhavani Revanna, which is not recalled. He said, “On May 30, we served notice on her under section 41A CrPC to address what she had given and we waited for three days, so no interrogation could be done during that period, that is when we approached the ld magistrate and obtained NBW. The NBW is not under challenge, and she has not applied for recall. When an arrest warrant is issued against her petition for ABA is not maintainable.”

As per prosecution, Bhavani Revanna is the "kingpin" who masterminded the abduction to protect her son-Prajwal, who is booked for sexual assault on the woman.

Kumar said, “When 100's of woman are raped, look at the conduct of the mother. She should have stopped him. The petitioner is daughter in law of Former Prime Minister. Wife of a member of legislative assembly for decades and mother of a son who had become Member of Parliament. This is one issue that the court should take note of. Kindly don't let the accused roam free.”

Senior Advocate C V Nagesh appearing for Bhavani Revanna submitted that custodial interrogation could have been done when Bhavani Revvana was there before them for 3 days.

It was also argued "Section 364-A is a cognizable offence, police have power to arrest, why should they go to the court seeking an arrest warrant. They could not have issued notice under section 41-A CrPC as sentence on conviction is more than seven years under the section. Moreover, the petitioner had approached the trial court seeking anticipatory bail and on rejection she approached the High Court, that cannot be termed as absconding."

The court reserved its order on hearing the submission and said “Ordinarily in matters the court would have dictated judgment in open court itself. However, that course is not undertaken, since matter requires deeper consideration in view of submissions made by both sides.”

Earlier the police had arrested H D Revanna in the case and later he was released on bail. The prosecution has challenged the order before the High Court and sought cancellation. The matter will be considered by the court next week.

As per the prosecution, the complainant's mother had worked for Revanna for about six years and was kidnapped by Satish Babanna on Revanna's instructions. Complainant said his friend brought to his notice a viral video allegedly pertaining to the sexual assault on his mother and when he requested Babanna to send his mother back, the latter declined to do so.

Appearance: Senior Advocate C V Nagesh for Petitioner.

Special Public Prosecutor RaviVarma Kumar for Respondents.

Case Title: Bhavani Revanna AND State of Karnataka

Case No: Criminal Petition No 5125/2024

Citation No: 2024 LiveLaw (Kar) 269