The Karnataka High Court has halted criminal proceedings against a Coorg homestay owner accused of failing to report a guest's assault. The court ruled that charges were based on a repealed law and found no legal obligation for the owner to report the incident under current statutes.
The Karnataka High Court has granted a stay on criminal proceedings against a homestay owner in Coorg, who was previously booked following a sexual assault incident involving a foreign tourist. The legal challenge arose after the owner was charged for failing to report a crime allegedly committed by an employee against a 33-year-old American national.
Justice M. Nagaprasanna presided over the matter and observed that the prosecution had relied upon the Foreigners Act of 1946, a statute that has since been repealed. Furthermore, the court noted that there was no established legal obligation for the homestay owner to report the incident under Section 239 of the Bharatiya Nyaya Sanhita, particularly as the owner was not an eyewitness to the event that took place on April 12.
The proceedings were initially launched after the employee was accused of drugging and sexually assaulting the tourist. While the employee was arrested and subsequently denied bail, the homestay owner was also taken into custody on April 19 on charges related to withholding information. Although the owner secured bail on May 2, he sought to quash the charges, arguing that they deviated from the initial claims and did not constitute a punishable offense against him.
It is important for stakeholders to note that this court order is specific to the homestay owner. The legal investigation and trial processes concerning the primary accused in the assault case remain active and unaffected by this decision. The court has set July 30 for the next hearing to further review the matter. The petitioner was represented by advocate Angad Kamath, while the State was represented by Special Public Prosecutor BN Jagadeesha.