The Karnataka High Court has rejected the bail plea of a man accused of sexually abusing a married woman, confining her, and allegedly forcing her to convert to Islam.
Justice S Rachaiah, while dismissing the plea, observed that the allegations against the accused were serious and required strict action.
“On going through the averments of the charge sheet, it appears that the appellant herein had confined the victim by keeping a woman to watch her movements and forcing her to convert to Islam. The said act of the appellant is unpardonable. It is needless to state that forcing men or women to convert from one religion to another is a serious issue and stringent action is needed in such cases,” the Court stated.
Case Background
As per the prosecution, the woman, who ran a grocery shop with her mother-in-law, had become acquainted with the accused, Rafiq, who frequently visited her shop. He allegedly promised to help her find a job through his political contacts and later developed a relationship with her. The woman eventually left her husband due to conflicts arising from the situation and moved in with her parents.
The prosecution further claimed that Rafiq blackmailed her into continuing the relationship and later kept her at Sharada Swadhar Kendra in Belagavi for four months. She was then moved to a rented house in Basava Colony, where he allegedly raped her and pressured her to convert to Islam for marriage. The accused also arranged for a woman to monitor her movements.
The situation came to light on April 15, 2024, when the woman’s husband found her, after which she filed a police complaint. The police later submitted a charge sheet.
Arguments in Court
The accused’s lawyer contended that since the charge sheet had already been filed, there was no need to keep him in custody for an extended period. He also argued that the woman willingly stayed with the accused for several months without raising a complaint, suggesting that their relationship, including any sexual interactions, was consensual.
However, the State opposed the bail request, arguing that the accused had been pressuring the woman to convert to Islam for marriage. The prosecution also raised concerns that, if released, he might attempt to threaten witnesses or interfere with the trial.
Court’s Verdict
After evaluating the facts and arguments, the High Court ruled against granting bail, prioritizing the safety of the victim and witnesses.
“Having considered the facts and circumstances of the case, I am of the considered opinion that it is not appropriate to grant bail to the appellant till completion of the evidence of the victim by keeping in mind the safety of the witnesses,” Justice Rachaiah stated.
With the bail plea dismissed, the case will now proceed to trial.
Case: Rafiq vs State & Anr – Available on LAWFYI.IO
