Aspiring to appear in competitive exam, possible delay in trial due to COVID-19 not grounds for bail in rape case: Karnataka High Court

Desire of accused to appear in competitive exams and possible delay in trial proceedings due to COVID-19 are not good grounds to grant bail, the Karnataka High Court recently said rejecting the bail application of a rape accused. .Single-judge Justice Shivashankar Amarannavar further said that offence alleged is serious one punishable with imprisonment for life and bail cannot be granted to appear in competitive examination. ."The petitioner is a graduate having BA.B-Ed degree and he has applied for the selection of FDC by competitive examinations, which is scheduled to be held shortly is not a ground to grant bail.The delay in trial due to pandemic and SOP is also not a ground for grant of bail. The offence alleged is serious offence punishable with imprisonment for life. Considering all these aspects, the petitioner has not made a new ground for grant of bail," the order said. The petitioner is at liberty to appear for the examination after obtaining the permission of the concerned jail authorities, the Court added. .The bail applicant was accused of raping a married woman. The victim and her husband got married in 2019 and were residing together. A month later, the accused, Holiyappa, began harassing the victim to engage in sexual relations with him. On March 28, 2019, when she went outside for answering nature's call, the accused saw her and committed rape on her. A case was subsequently registered against him and he filed a bail application, which was rejected by the Karnataka High Court in 2020. Aggrieved, he filed the present bail application before the High Court. The petitioner had firstly contended that it was consensual sex and not rape. Further, it was his submission that he is a BA. B-Ed graduate and he desires to apply for the positions of teacher, FDA, SDA. But if he is detained in prison, he will not be able to prepare and appear for the competitive examinations. He further contended that due to Covid-19 pandemic and Standard Operating Procedure in place, there is a possibility of delay in trial proceedings. He sought bail on the above grounds. The High Court government pleader resisted these submissions and sought rejection of the plea. The Court, after examining the contentions of the parties, rejected the bail application on the ground the the offences alleged to have been committed is heinous in nature..[Read Judgment]