The Karnataka High Court has rejected the bail plea of a man accused of sexually abusing a married woman, confining her against her will, and allegedly coercing her to convert to Islam. Justice S Rachaiah, while delivering the verdict, stressed the seriousness of the allegations and underscored the need for strict legal action. He described the alleged actions of the accused as “unpardonable” and emphasized that forced religious conversions are a grave concern that must be dealt with firmly under the law.
Case Background
According to the prosecution, the woman, who co-owned a grocery shop with her mother-in-law, first became acquainted with the accused, Rafiq, when he regularly visited the shop. Over time, he reportedly befriended her and offered to help her secure a job through his political connections. This promise led to a growing relationship between them, which eventually turned into a physical relationship. However, when the woman’s husband became aware of the situation, conflicts arose in her marital life, and she left her husband to live with her parents.
Despite her decision to separate from her husband, the accused allegedly continued to manipulate her. The prosecution claimed that Rafiq blackmailed the woman and maintained control over her, forcing her to stay with him. She initially lived at the Sharada Swadhar Kendra in Belagavi for four months before moving into a rented house in Basava Colony, where she alleged that Rafiq sexually assaulted her.
The charges further state that the accused confined the woman by placing another woman to monitor her movements and pressured her to convert to Islam with the intention of marrying her. This coercion, the prosecution argued, amounted to a violation of fundamental rights and required strict judicial intervention. The matter came to light when the woman’s husband eventually located her on April 15, 2024, after which she filed a formal police complaint.
Following the complaint, an investigation was launched, and a charge sheet was subsequently filed by the police. The Additional District and Sessions Judge in Belagavi initially rejected the accused’s bail plea, prompting him to appeal to the Karnataka High Court.
Court Proceedings and Arguments
During the bail hearing, the accused’s legal counsel contended that since the charge sheet had already been filed, there was no necessity to keep him in custody for an extended period. The defense argued that the woman had willingly stayed with the accused for several months and did not file a complaint during that time, suggesting that their relationship was consensual.
However, the State’s legal representative strongly opposed the bail request, citing serious concerns about witness safety and the possibility of the accused interfering with court proceedings. The prosecution emphasized that the accused had exercised control over the victim and sought to pressure her into religious conversion, making it imperative to keep him in custody to prevent any influence over witnesses or potential threats to the victim.
Court’s Verdict
After considering the arguments from both sides and analyzing the details of the case, the Karnataka High Court ruled against granting bail to the accused. Justice S Rachaiah stated that, given the seriousness of the allegations and the need to protect the victim and witnesses, it was not appropriate to release the accused at this stage. The Court held that the accused should remain in custody until the victim’s testimony is recorded to ensure a fair trial without intimidation or interference.
Legal and Social Implications
This ruling reflects the judiciary’s commitment to addressing crimes related to sexual abuse and forced religious conversion with a strict legal approach. The decision reinforces the principle that coercion and confinement, particularly in cases involving women, must be met with stringent action to uphold justice.
Additionally, the case sheds light on the larger issue of forced conversions and abuse of vulnerable individuals. The court’s stance highlights the necessity of legal safeguards to protect individuals from coercion and to ensure that victims feel secure enough to testify without fear of retaliation.
As the trial progresses, the case is expected to continue drawing attention due to its implications for legal and social discourse surrounding religious conversion, women’s rights, and personal freedom. The Karnataka High Court’s decision to deny bail to the accused sets a precedent for handling similar cases, ensuring that such matters are addressed with the seriousness they deserve.
