Bengaluru: Rape case- HC dismisses Raghaveshwara Swamiji's appeal


Daijiworld Media Network - Bengaluru (SP)

Bengaluru, Feb 10: The division bench of the state high court (HC), on Monday February 9, dismissed an appeal preferred by Sri Raghaveshwara Bharathi Swamijii of Hosanagar Ramachandrapur Math, against the single judge bench order that had declined the appeal.

The Swamiji had, through the appeal, sought dismissal of rape case filed against him by a Ramakatha singer, Premalata Shastri.

'In law, there is no provision for filing appeals in the high court relating to criminal cases. In the light of this, the decision arrived at by the single judge bench in this case is found to be justified. There is no scope for filing review petition before the division bench. However, the appeal could have been filed in the Supreme Court. As the appeal is beyond the jurisdiction of the division bench, this appeal is being dismissed,' said HC division bench comprising Justice Anand Byrareddy and Justice N Anand.

The bench observed that of late, several revision petitions are being filed, seeking dismissal of first information reports, investigation, or final investigation report. As a result, the HC faces complexities about the jurisdictional issue. Lawyers for the petitioners are failing to convince the HC that criminal cases can be dismissed through revision petitions. The appeal filed by Swamiji stands as a good example for this observation,' the bench said in its order.

It may be recalled that the Swamiji has been seeking dismissal of rape case registered against him, arguing that the case does not have any substance, and that it has been filed with malicious intentions and as a measure of a larger conspiracy to sully his reputation.

  

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  • Suryanarayana Sharma, sullia

    Mon, Feb 16 2015

    There are many here who speak as if they have seen all the things. If you have any evidence please produce it to our IA, who is hectically buying time months & months to submit report. If you don't have any such evidence please keep quite till court deals with the whole episode. Technical error doesn't mean setback in contents. So do hundred lies doesn't make it a Truth.

    DisAgree Agree [1] Reply Report Abuse

  • Veerappa D N , Madikeri

    Thu, Feb 12 2015

    Some Swamijis do 'Ekaantha Darshana' or Solitary Appearance only with Women and not with Men ! Why ?
    Is it because they do not want to go against the nature ?

    DisAgree Agree Reply Report Abuse

  • Mohandas Kapikad, Mangaluru

    Tue, Feb 10 2015

    Perhaps some here where hectically waiting for this type of moment to pour their comments condeming him. In fact, they are not still aware that this is technical failure & not failure on reason of contents & matter. Also, HC has said the applicant to file this case in SC, as there is no provision in our law to make higher appeal in same court. Only thing is that if this was brought to notice much earlier, this time could have been saved. Naturally, all the things presented so far has to be presented again & process may have to be started in fresh in SC. Hope Justice is got at the earliest.

    DisAgree [19] Agree [11] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Tue, Feb 10 2015

    Final judgment is from the ALMIGHTY ...

    DisAgree [3] Agree [21] Reply Report Abuse

  • Ramachandra Niduvaje, Sharjah

    Tue, Feb 10 2015

    @ Saldanha

    Not sure who is The Almighty in this benchmark case.

    You will recall (make a Google News Search) that in Sept 2014, the singer has stated that “He claimed to be Rama ‘the Almighty’ and wanted me to surrender!” before starting his multiple-rape sessions since Oct 2011. She added “After each act, he made me stand
    before a Rama idol and swear that I would not reveal it to anyone”

    DisAgree [6] Agree [23] Reply Report Abuse

  • Suryanarayana Sharma, sullia

    Thu, Feb 12 2015

    Many here are in glory mood even before the proper trial is conducted. Court has clearly redirected the applicant to try in SC, as the present law doesn't permit for higher appeal in same court (ie,HC). It's a Technical Error issue, & not lapse on part of content.

    On other hand, some have already begun blaming him as if these people have seen the episode !.. She is a BA graduate & is a gold medalist in Classical or so ( as per her TV interview only). Also, she had been as a office bearer in a Export company some years back. She had also travelled abroad on pretext of Singing & performed in several functions...& she is also a Doordarshan artist (A grade).

    On these grounds being a qualified & matured person, can anyone expect her to get fooled & make repeated oath before Idol, & get repeatedly harassed over 3 years ? ?...& that too over 150 times ???.. Is she kidding or telling us Cock & Bull Story or taking us a for a Ride ?. Or are these wested interested people repeatedly using her name to tarnish him for their personal gains or with selfish motive. Also note that in some places as she has mentioned, the programmes where never held so far (eg: Delhi), or she was never present in some programmes ( as per Video records).

    IA may give reports based on its investigation to the Court. But Court will examine all the details clearly & closely. Basic thing is that we should have patience till whole process is over.

    DisAgree [6] Agree [6] Reply Report Abuse

  • Rudolf Rodrigues, Mumbai

    Wed, Feb 11 2015

    On Earth,at least, Vitamin M is the unparalleled God!!

    Imaginary 'God' is only to induce 'fear' and crowd control in the poor and gullible AAM AADMI!!

    DisAgree [2] Agree [10] Reply Report Abuse

  • Veerappa D N , Madikeri

    Tue, Feb 10 2015

    Inspite of conclusive evidences against Asharam Bapu and day light killing of prime witness in Surat, the case has not reached a logical end. Then how can this case of Ramachandrapura reach logical end so soon, even though every one is convinced that Swamiji is not honest in his approach.
    Ramachandrapur Matt may be belonging to any one caste but God Ramachandra who was a Kshatriya, does not belong to that Caste and misuse of the holy name of our God to deceive a woman, is not tolerable by all castes who believe in Sri Rama.

    DisAgree [14] Agree [24] Reply Report Abuse

  • Rajesh Ubaradka, Dubai

    Tue, Feb 10 2015

    Well, Asharam Bapu is at least in jail but this complete disgrace to a highly respected community of Karnataka has not even been arrested! In fact, thanks to massive financial resources, supporters that include mafia dons and political godfathers, he is enjoying all the materialistic luxury and continuing his controversial ekantha sessions to all sorts of women.

    DisAgree [12] Agree [28] Reply Report Abuse

  • R Krishnamurthy, Bengaluru

    Tue, Feb 10 2015

    It appears as if those writing against swamiji were waiting for an opportunity to write from few days. Read the news again.It is only a technical reason that the court can not hear the case of application of swamiji.So court has not told that swamiji has done some crime.So why all nonsense comments then.

    DisAgree [32] Agree [18] Reply Report Abuse

  • kumara, abu dhabi

    Tue, Feb 10 2015

    rightly said,

    how much energy is there talking ill of others

    DisAgree [14] Agree [7] Reply Report Abuse

  • G Z T Kunte, Udupi

    Wed, Feb 11 2015

    Talking ill of others takes less energy than doing evil to others - especially raping a helpless woman in the name of God and driving her brother in law to suicide and depriving even milk to the children of that dead man.

    DisAgree [6] Agree [11] Reply Report Abuse

  • Rajiv, Mangalore

    Tue, Feb 10 2015

    I want to ask the 'Samana Manaska' group members why they are not supporting Shyama Shastry family. Their one and only motto is to see that swamiji steps down.
    If the so called 'Samana Manaska' group are really have good intentions, let them find out why Shyam has committed suicide and also let them help his widow and children with a good sum of money by contribution and publish it in newspapers.

    DisAgree [9] Agree [16] Reply Report Abuse

  • Ramakrishna .A . Shetty , Puttur

    Tue, Feb 10 2015

    ಶನಿವಾರ 7-2-2015 ರಂದು ಮಂಗಳೂರಿನ ಬಲ್ಮಠದ ಸಹೋದಯ ಹಾಲ್ ನಲ್ಲಿ ಸಮಾನ ಮನಸ್ಕರ ವೇದಿಕೆ ದುರ್ಗಾ ಸುರೇಶ್ ಭಟ್ ಇವರ ನೇತ್ರತ್ವದಲ್ಲಿ ನಡೆಸಿದ ಸಭೆಯಲ್ಲಿ ಬಹಳಷ್ಟು ಮಹಿಳೆಯರು ಬಾಗವಹಿಸಿ ಗುರುಶಾಪ ಅಥವಾ ಪಾಪಪ್ರಜ್ನೆಯ ಭಯವಿಲ್ಲದೇ ಸ್ವಾಮೀಜಿಯ ವಿರುದ್ಧ ಹಾಗೂ ಪ್ರೇಮಲತಾ ಶಾಸ್ತ್ರೀ ದಂಪತಿಗಳ ಪರವಾಗಿ ಧೈರ್ಯದಿಂದ ಮಾತನಾಡಿದರು. ಅಲ್ಲಿ ಕೇವಲ ಹವ್ಯಕರು ಮಾತ್ರವಲ್ಲ ಇತರ ಜಾತಿಗಳ ಮಹಿಳೆಯರೂ ಭಾಗವಹಿಸಿ ಪ್ರೇಮಲತಾ ಪರವಾಗಿ ಮಾತನಾಡಿದರು. ಕಿಡಿಗೇಡಿಗಳ ಕಿರುಕುಳದಿಂದ ಬೇಸತ್ತು ಆತ್ಮಹತ್ಯೆ ಮಾಡಿಕೊಂಡ ಶ್ಯಾಮ ಶಾಸ್ತ್ರಿಗಳ ವಿಧವಾ ಹೆಂಡತಿಗೆ ಇಂದಿನವರೆಗೂ ಆರ್ಥಿಕ ದಿಗ್ಭಂದನ ಹಾಕಿ ಅವರ ಜೀವನ ದುರ್ಭರ ಮಾಡಿರುವ ಕಲ&#

    DisAgree [12] Agree [19] Reply Report Abuse

  • Ramakrishna A Shetty, Puttur

    Tue, Feb 10 2015

    ....ದಿವಂಗತ ಶ್ಯಾಮ ಶಾಸ್ತ್ರಿಗಳ ವಿಧವಾ ಹೆಂಡತಿಗೆ ಮತ್ತು ಮಕ್ಕಳಿಗೆ ಆರ್ಥಿಕ ದಿಗ್ಬಂಧನ ಹಾಗೂ ಸಾಮಾಜಿಕ ಬಹಿಷ್ಕಾರ ಹಾಕಿ ಅವರ ಜೀವನ ದುರ್ಭರ ಮಾಡಿರುವ ಕಲ್ಲಡ್ಕ ಮತ್ತು ಸ್ವಾಮೀಜಿಯ ಕಡೆಯವರಿಗೆ ಭಗವಾನ ಶ್ರೀ ರಾಮಚಂದ್ರನಿಂದ ಘೋರ ಶಿಕ್ಷೆ ಕಾದಿದೆ ಎಂದು ಎಲ್ಲ ಮಹಿಳೆಯರು ಅಭಿಪ್ರಾಯ ಪಟ್ಟರು.

    DisAgree [10] Agree [24] Reply Report Abuse

  • G Bhandary, Mangalore

    Tue, Feb 10 2015

    @ Ramakrishna Shetty and friends who have participated the last meeting in Sahodaya hall.Sir, please confirm if you know the complete background of the case. Also do you fight against all such issues or else ive based on the choice of you.

    DisAgree [12] Agree [10] Reply Report Abuse

  • vellano1, Mumbai

    Tue, Feb 10 2015

    It is good that "ಕೇವಲ ಹವ್ಯಕರು ಮಾತ್ರವಲ್ಲ ಇತರ ಜಾತಿಗಳ ಮಹಿಳೆಯರೂ ಭಾಗವಹಿಸಿ " eradicating caste bias and interested in mutt politics! But I refuse to beleive, "ದಿವಂಗತ ಶ್ಯಾಮ ಶಾಸ್ತ್ರಿಗಳ ವಿಧವಾ ಹೆಂಡತಿಗೆ ಮತ್ತು ಮಕ್ಕಳಿಗೆ ಆರ್ಥಿಕ ದಿಗ್ಬಂಧನ ಹಾಗೂ ಸಾಮಾಜಿಕ ಬಹಿಷ್ಕಾರ ಹಾಕಿ ಅವರ ಜೀವನ ದುರ್ಭರ ಮಾಡಿರುವ".. which princely state you are lviing in..? this is democracy..? what Mutt can do arthika digbandhana? She has courts, Siddu government, Police to lean back- No mutt interferes in any private persons life! you are living in secular democracy.. your job, your income is due to that.. not living on MASASHANA from any Mutt or Hindu Kingdom!! stop politicising every issue! Hindus dont have a personal law board which is governed by any mutt, like church or Madrassa/maulvi /sharia /waqf have!

    DisAgree [27] Agree [11] Reply Report Abuse

  • G Z T Kunte, Udupi

    Tue, Feb 10 2015

    Arthika Digbhanda - is possible in backward areas of Karnataka including our district. In Kolar dist upper caste Reddys prohibited people from giving manual jobs to Dalits and also giving any grocery on credit to dalits. In puttur also people were prohibited from purchasing any arecanut from Shastri family and buyers from other minority community those who dared to purchase any arecanut or agri-products from Shastri family were threatened by goons from Kalladka. A powerful man from powerful caste like Haladi Shrinivas Shetty could teach a lesson to Kalladka goons. But others do not have such man power or money power to dare Kesari goons of D.K.

    DisAgree [9] Agree [30] Reply Report Abuse

  • vellano1, Mumbai

    Tue, Feb 10 2015

    lol.. this is bizarre argument I have seen! you sound as if Kalladka runs the government. the support price and APMC yards or arecanut export to Gujarat is there! and Gujju businessmen dont see which caste or who sells them the arecanut! if one Ramanath rai or Shakku shetty stand behind this family, all wealthy muslim merchant will buy it! and worst case of political backfire, Havyaka brahmins dont even have 1% vote in each constituency, that one needs to fear!

    Yes, they may be not welcome in mutt run temples, or brahmins will ever go to their house for functions etc but ARTHIKA deprivation is impossible in free market economy we are in!... and Brahmins and Dalit atrocities are totally different! kolar and puttur are miles away too!

    DisAgree [19] Agree [9] Report Abuse

  • Nayana Shastry, Puttur

    Tue, Feb 10 2015

    The shockingly shameless and obese Godman who was previously projected as a protector of Indian cows and milk, has had his thugs prevent the supply of critically needed daily milk to the poor, innocent young & orphaned children of Shyama Shastry! One simply fails to understand the mentality of a vengeful soul who can order such evil actions.

    DisAgree [11] Agree [31] Report Abuse

  • Ravi B Shenava, Mangaluru

    Tue, Feb 10 2015

    The Curse of Shyam Sastry from Puttur who committed suicide because of threat from Kalladka don, will haunt Swamiji and his group including an Editor of Kannada newspaper who wrote dirty things about Premalatha family.

    DisAgree [10] Agree [28] Reply Report Abuse

  • Mohandas Kapikad, Mangaluru

    Tue, Feb 10 2015

    The Hon.HC has dismissed the case on the grounds that there is no provision in Law for higher appeal in same courts. However, it has opinioned that the party can appeal the same in SC. Note that it has not dismissed on the grounds of lack of facts or material obervations. So it is Techinical Error in Appeal itself, & it would be false to judge him as guilty now. The party may now have to go to Supreme Court, as per this opinion, & so all trial which was done here in HC may have to be redone in Supreme Court. Let's wait & see.

    DisAgree [34] Agree [15] Reply Report Abuse

  • Shivashankar Bhat, Mangalore

    Tue, Feb 10 2015

    It is reported that the honorable Bench did not impose a significant penalty to the canny Godman and his crooked delay tactics because they thought he would not be expected to possess any personal wealth.

    I wish the Judges had recalled the convey of over 20 imported, luxury SUV’s that came along with the Godman for a so-called questioning drama in the CID office. Moreover, the massive financial resources of the Math are unaccounted and pocketed by a handful of self-appointed, shady administrators protected by the Godman, a small yet powerful group that blatantly refuses to give any details of the coffers or expenses, to the community members who themselves have contributed their hard-earned money for decades!

    While the Rape case is a foregone conclusion, the need of the hour is for an independent investigation to the financial affairs in the Math amidst sustained reports of massive money laundering, profiteering and corruption.

    DisAgree [14] Agree [49] Reply Report Abuse

  • Ganapayya , Mumbai

    Tue, Feb 10 2015

    A chaiwalla wears a narcissist suite costing 12 lakhs, a AAP leader flies in a corporate jet, a mining baron-turned minister offers a Rs 45cr diamond-studded crown to a temple...etc. And a libidinous youngster-turned Swami continues to sit on a Golden throne offering ekanta darshan to women!

    Regretfully, they are all considered to be broke doing public service!

    DisAgree [7] Agree [28] Reply Report Abuse

  • vellano1, Mumbai

    Tue, Feb 10 2015

    Yee sari RAMAn budyer.. Ganapanne na nana? vhe vhe vhe

    DisAgree [13] Agree [2] Reply Report Abuse

  • Af,, mangaluru

    Tue, Feb 10 2015

    how many days, still what court is waiting for ,give the verdict.

    DisAgree [2] Agree [27] Reply Report Abuse

  • Praveen, Kulshekar

    Tue, Feb 10 2015

    Why is he still mentioned as Swamiji.

    DisAgree [13] Agree [44] Reply Report Abuse

  • Mohandas Kapikad, Mangaluru

    Tue, Feb 10 2015

    @ Praveen
    Have proper knowledge of verdict. The case was dismissed on grounds of Techinical Error, as the case cannot be taken in same Court, under present provisions of law. Also, it has opinined that the party can appeal in SC. Only thing is that the whole process has to be redone again in SC. For you he may not be a Swami, but definetly he is to vast majority of his followers.

    DisAgree [45] Agree [14] Reply Report Abuse

  • Praveen, Kulshekar

    Tue, Feb 10 2015

    Premlatha Shasthri is also his follower , but this Raghaveshvara followed her.

    DisAgree [8] Agree [24] Reply Report Abuse

  • Rao, Manipal

    Tue, Feb 10 2015

    @ Praveen

    The so-called ascetic Swami religiously followed her into the bedroom for ekantha darshan for more than 3 years. And now, despite DNA evidence, he claims to be a virgin!
    Yet, he is scot-free and having the last laugh.

    DisAgree [7] Agree [28] Report Abuse

  • MG Hegde, Bangalore

    Tue, Feb 10 2015

    After a series of disappointing developments in the judiciary apart from open threats, non-cooperation, corruption and delay tactics by the accused, it is indeed heartening to note that Justices Anand Byrareddy and N Anand have made a sincere attempt to restore the public’s confidence in our Judicial system. They need to be commended.

    Having completely lost the faith, trust and respect of his own community, it is regrettable that the scandalously shameless Swami is clinging to his tainted throne aided by a coterie of crooked advisors that is determined to drag the Math to the hall of shame and disgrace.

    High time, the open-and-shut case was swiftly concluded, justice delivered and punishment executed.

    DisAgree [15] Agree [56] Reply Report Abuse


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Title: Bengaluru: Rape case- HC dismisses Raghaveshwara Swamiji's appeal



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