Daijiworld Media Network - Bengaluru (SP)

Bengaluru, Jun 18: The state high court, which observed that the inclination to appear for competitive examination on the part of the rape accused cannot be ground for seeking bail. It observed that the rape accused has pointed out that because of coronavirus infection, hearing of the case against him is getting unduly delayed. It quashed the bail application filed by the rape accused.

A bench of the high court presided over by Justice Shivshankar Amarannavar, which conducted the hearing, observed that the crime is of serious nature that can attract life imprisonment. Therefore it said that bail cannot be granted to the accused to appear for competitive examination.

The rape accused happens to be a BA, BEd graduate and has applied for the post of the first grade assistant where selection is through competitive examination. The judge said that the fact that examinations are scheduled to be held early cannot be the basis for granting of bail. He also observed that hearing getting delayed also cannot be the basis for granting bail. It said that the accused has not cited any compelling reasons to get bail.

The court however said that the accused is free to appear for the examination by obtaining permission of the jail authorities. The petitioner is facing the allegation of raping a married lady. The lady had married in 2019 and was living with her husband. A month later, accused Holiyappa allegedly pressurized her to have sex with him. On March 28, 2019, he reportedly followed the lady when she went out to relieve herself, and raped her. His earlier bail application had been rejected last year.

In the first bail petition he had said that it was not a rape but consensual sex. Now he said he will have difficulty facing a competitive exam if he is lodged in the jail. The government's advocate opposed the bail. The court, after hearing the arguments, said that bail cannot be granted as the charges are grave and quashed the application.