Bengaluru: Charges have been dropped by the Karnataka High Court in the case concerning the alleged rape of an American citizen at Devi Villa Homestay owned by Palecanda Ponnappa in Kodagu.
Justice M. Nagaprasanna accepted Ponnappa’s petition, stating that the allegations by the prosecution were inadequate for the offences made out against him. The court made it clear that it is not affecting other accused persons in the case.
As per the complaint filed by the victim, the employee of the homestay assaulted her on April 12 after giving her a spiked drink. It has to be noted that Ponnappa did not commit the sexual assault himself. Ponnappa was charged as he did not report the alleged rape incident and tried to protect the perpetrator.
The court has pointed out that Ponnappa was absent from the scene at the time of assault and there was no action taken by him which linked him to the crime. The court also took note of whether there was any legal obligation on him to report the crime under Section 239 of Bharatiya Nyaya Sanhita. Ponnappa’s lawyer contended that there is no provision for such reporting in sexual offence cases.
The provisions of the repealed Foreigners Act, 1946, have been objected to since this law has since been substituted by the Immigration and Foreigners Act, 2025.
Ponnappa has been arrested on April 19 and stayed in judicial custody until May 2, when he obtained bail. In the previous judgment of the High Court, Ponnappa’s arrest has been deemed illegal and the Karnataka government was directed to pay him compensation of ₹5 lakh, while at the same time permitting the entire probe to proceed.
Thus, Monday’s order exempts Ponnappa from the criminal proceedings, but makes no pronouncement regarding the allegations against the employee. The prosecution of the remaining accused can therefore go ahead separately in the proper court in the case.
