New Delhi, Jun 19 (IANS): The Delhi High Court on Thursday dismissed a petition filed by a rape accused, who is a German national of Indian origin and had sought permission to go back to Germany claiming that due to the Covid-19 pandemic, his family needed him, noting that "there is a possibility that he will not come back to India to join the trial".

"The Consular of Germany in New Delhi has not joined the court through video conferencing, which established the fact that the said consular is not willing to give undertaking before this court regarding the petitioner's return. If this court grants permission to the petitioner to go to his native place, i.e. Germany, there is a possibility that he will not come back to India to join the trial," said a single judge bench of the high court presided over by Justice Suresh Kumar Kait.

The court further said that in the present case, charges are yet to be framed and also that no assurance have been extended by any competent authority regarding the petitioner's presence during trial.

The observations came while the court was hearing a revision petition filed by Janardhan A. Vittal, claiming that his wife and children are in Germany and due to the Covid-19 pandemic, they needed his presence there.

The petition challenged the order of the trial court which had adjourned his application to release his passport and grant him permission to travel to Germany after the prosecution raised objection to the same.

Vittal is accused of kidnapping and raping of a minor and is also booked for aggravated sexual assault. He has been booked under Sections 365 (kidnapping) and 376 (rape) of the Indian Penal Code.

The petitioner told the court that he was gainfully employed in Germany, until October 2019.

"The petitioner worked with Wipro as Utility Manager, and on the request of the de facto complainant, he helped the alleged victim to get internship where she was subjected to sexual abuse by her colleagues in the first week of June 2019," the counsel for the petitioner submitted, adding that his client helped the girl to initiate criminal proceedings against those accused persons and the enquiry is pending.

The counsel further added, thereafter, the de facto complainant (father of the prosecutrix) blamed the petitioner for all the mis-happenings as well as drug addition of his daughter and threatened him with dire consequences, if the petitioner comes to India. The girl was forced to leave Germany against her will and her parents locked her up in their home in Delhi.

In November 2019, the petitioner joined Proxiad as Country Head, Germany, when the alleged victim contacted him through her father's phone and sought his help to make her join the police investigation in Germany and take up employment over there.

Out of courtesy, the petitioner extended his helping hand when he had come to visit his parents in the month of December 2019, the petitioner argued.

However, both the prosecution and the complainant have opposed the submissions of the petitioner.

The prosecution contended that the petitioner is a German citizen, and if he is permitted to return to his native place, he will never come to Delhi to join the trial. The complainant said that the petitioner has given wrong statement before the court about his employment, and therefore, he should not be allowed to go abroad.

"Moreover, the wife of the petitioner is competent enough to handle her affairs and the children are major. Presently, the petitioner is in India whose health and security and basic needs would be taken care by the Indian government through jail, therefore, the present petition deserves to be dismissed," the complainant's counsel said.