"Courts Are Vigilant To Forcible Conversion Of Underprivileged Women, Children": Karnataka HC Denies Bail To Man Booked For Sexual Assault, Illegal Conversion

The Karnataka High Court recently rejected a bail plea filed by one Rafiq Bepari who is accused of inducing a married woman, sexually assaulting her and forcing her to convert to Islam for marriage with him.

A single judge bench of Justice S Rachaiah said “In the present case, the act of inducing innocent and poor women 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.”

As per the prosecution case, the petitioner developed a friendship with the victim and later induced her that he would get her a suitable job and insisted her to accompany him.

The victim believed his version and became close to him, after which he sexually assaulted her and took her to Belagavi where he confined her and forced her to convert to his community for marriage.

It was stated that during her confinement in Belagavi, she was being guarded by one female to ensure she did not go out of the house. Later, the victim managed to escape from the house and called her husband and narrated the incident. Thereafter, she lodged a complaint before the jurisdictional police.

The counsel for the petitioner submitted that the entire allegations made in the complaint are baseless and false. The complainant has made a false allegation that she was asked to convert to Islam for marriage with the appellant. Since the family members of her husband did not lodge any complaint even after her elopement from her house, it shows that she was not abducted, the counsel argued.

The prosecution opposed the plea saying that the appellant knew that she was a married woman having two children, and she was forced to elope from her house and asked to convert to Islam. The act of committing rape and forcing her to convert to Islam is intolerable and indecent, it was said.

Findings:

On going through the records the court said “She had managed to escape from the house and informed her husband and lodged a complaint. 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. Therefore, having considered her mental status and condition, it is not appropriate to grant bail to the petitioner.”

Observing that while considering the bail applications, the factors which are required to be considered are the nature of the offence, gravity, societal impact etc, the court dismissed the appeal.

Appearance: Advocate Mahantesh S.Hiremath for Appellant.

HCGP Praveena Y.Devareddiyavara for R1.

Advocate S.R.Hegde for R2.

Citation No: 2024 LiveLaw (Kar) 377

Case Title: Rafiq Bepari AND State of Karnataka & ANR

Case No: CRIMINAL APPEAL NO. 100296 OF 2024

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