Kodagu sexual assault case: Homestay owner seeks bail; court says victim need not be party

The owner has been accused of shielding the accused and failing to report the crime under the Bharatiya Nyaya Sanhita (BNS) sections 238 and 239 for screening the offender and failing to inform authorities.

When the homestay owner’s bail plea was first heard on April 24, the court ordered that the victim be impleaded as respondent No 2. However, the next day, it was informed that such a requirement applies only in specific cases under Section 483 of the Bharatiya Nyaya Suraksha Sanhita (BNSS) for offences involving the rape or gang rape of a minor under BNS sections 65 and 70(2).

According to BNSS Section 483, which is the provision for bail, “The presence of the informant or any person authorised by him shall be obligatory at the time of hearing of the application for bail to the person under section 65 or sub-section (2) of section 70 of the Bharatiya Nyaya Sanhita, 2023.”

Accepting this argument, the court ruled that the victim need not be made a party to the proceedings.

According to the Karnataka Police, the incident took place in the second week of April but surfaced only later. The survivor, who was travelling alone, alerted officials at the US embassy after leaving the homestay and reaching Mysuru.

In her complaint, the woman alleged that a staff member spiked her drink and sexually assaulted her. She also accused the owner of attempting to suppress the incident and failing to assist her in reporting it.

The victim later recorded her statement before a magistrate, supporting the FIR and aiding the prosecution.

The police said the main accused had been employed at the homestay for several years. The victim had previously visited the property with a friend.

Both the worker and the owner were arrested last week and remanded to judicial custody until May 3.

The Karnataka Government said last week the tourism department had cancelled the registration of the homestay after the alleged sexual assault incident came to light.

“Homestay owners must strictly adhere to the guidelines. We have provided a standard operating procedure (SOP) covering who can run a homestay, whether they have valid licences, and the procedures to be followed,” Karnataka Home Minister G Parameshwara said last week.