Karnataka High Court Grants Bail To Whistleblower Advocate G Devarajegowda In Alleged Rape Case

The Karnataka High Court on Monday granted bail to Advocate G Devarajegowda in a rape case registered against him at the Holenarasipura Police Station.

A single-judge bench of Justice M G Uma allowed the petition filed by the accused. Gowda is reported to be the whistle-blower of the alleged obscene video scandal involving former JD (S) MP Prajwal Revanna.

The court said, “I am of the opinion that the petitioner is entitled to be enlarged on bail subject to conditions, which will take care of the interest of the prosecution as well as the victim.”

An FIR was registered against Gowda on April 1, by a woman from Hassan district, who alleged that he molested and raped her on the pretext of helping her sell her property.

Initially, offences punishable under Sections 354(A) (sexual harassment), 354(C) (voyeurism), 448, 504, 506 read with Section 34 of the Indian Penal Code (for short 'IPC') and Section 66 (E) of the Information Technology Act, 2008 were levelled against the whistleblower.

Further, a statement of the informant was recorded by the Investigating Officer on 10.04.2024, wherein allegations of rape were made and accordingly, the offence punishable under Sections 376(1) (rape) and 354 (D) of IPC was added to the FIR.

The bench on going through the records said that there was an inordinate delay of about three months in lodging the complaint and the FIR came to be registered on 01.04.2024.

It was only in the further statement of the victim which was recorded on 10.04.2024, the offence of committing rape was alleged for the first time, the Court observed.

Court also noted the submission that the petitioner was an advocate and was involved in filing election petitions against several political persons and even succeeded in a few petitions.

The court said “When the petitioner has filed the complaint registered in Crime No. 51/2024 on 28.03.2024, as a counter blast Crime No. 81/2024 on 31.03.2024 was filed by Dharmendra (husband of complaint), who is accused No.2 in Crime No. 51/2024. It is thereafter, respondent No.2 (complaint) who was accused No.1 in the said Crime number, filed the present complaint.”

Following this it held “All these facts and circumstances have to be taken into consideration while considering the bail application filed by the petitioner to form an opinion as to whether there are strong prima facie materials against petitioner for having committed the offences. However, such observations are only for the purpose of deciding this petition and shall not influence the Trial Court while deciding the matter on merits.”

Accordingly, the court allowed the bail of the petitioner.

Further, it said that the petitioner was directed not to threaten or tamper with the prosecution witnesses and to appear before the Court as and when required.

Appearance: Senior Advocate Aruna Shyam. M, for Advocate M.R. Vijaya Kumar, for petitioner.

SPP B.A.Belliyappa, a/w HCGP K.P. Yashodha, For R1.

Citation No: 2024 LiveLaw (Kar) 294

Case Title: G Devaraje Gowda AND State of Karnataka & ANR

Case No: CRIMINAL PETITION NO. 5449 OF 2024

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