Allegations of sexual violence, coercion, and forced abortion investigated; Bail granted with strict conditions
In a significant ruling, the Kerala High Court has granted pre-arrest bail to Rahul B.R, a prominent politician and Member of the Legislative Assembly from the Palakkad constituency, in a case involving serious allegations of sexual assault, coercion, and forced abortion. The judgment, delivered by Dr. Kauser Edappagath, J., outlines the intricate details of the case, which has captured significant public and media attention due to its high-profile nature.
The case stems from accusations leveled by a journalist, who is the de facto complainant, alleging that Rahul B.R engaged in a coercive and abusive relationship with her, leading to repeated instances of sexual assault, forced abortion, and misuse of authority. The allegations include recording nude visuals without consent and threatening the complainant with suicide to ensure compliance with his demands.
The prosecution argued that the nature of the relationship and the documented evidence, including WhatsApp chats, indicated a pattern of coercion and abuse. However, the defense asserted that the relationship was consensual, characterized by mutual consent, and the allegations were politically motivated.
In its judgment, the Kerala High Court emphasized a holistic consideration of the relationship and evidence, highlighting the necessity to distinguish between consensual interactions and acts amounting to sexual violence. The Court underscored the importance of determining consent and the circumstances surrounding the alleged acts, noting the complexity involved in cases of soured personal relationships.
Dr. Kauser Edappagath, J., while granting bail, imposed strict conditions to ensure the integrity of the ongoing investigation. The Court directed the applicant to cooperate fully with the investigation, surrender his mobile phone, and appear for interrogation. Additionally, the Court mandated non-interference with witnesses and evidence and restricted the applicant's movement outside Kerala without permission.
This ruling reflects the judiciary's approach in balancing individual rights and the need for a thorough investigation in cases involving serious allegations. The judgment also sheds light on the evolving legal landscape concerning consensual relationships and their implications in criminal proceedings.
Bottom Line:
Pre-arrest bail application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 - Accusations of aggravated sexual violence, coercion, forced abortion, and misuse of relationship - Court granted pre-arrest bail considering the nature of the relationship, evidence, and circumstances.
Statutory provision(s): Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, Sections 64(2)(f), 64(2)(h), 64(2)(m), 89, 115(2), 351(3) of Bharatiya Nyaya Sanhita, 2023, Section 66E of Information Technology Act, 2000
Rahul B.R v. State of Kerala, (Kerala) : Law Finder Doc id # 2852453
