Karnataka High Court Dismisses Rape Allegations Against Hindu Seer Raghaveshwara Bharati Swamy
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Synopsis
The Karnataka High Court has dismissed the rape allegations against Hindu seer Raghaveshwara Bharati Swamy, citing a nine-year delay in filing the complaint as a key factor in its decision.
Key Takeaways
- The Karnataka High Court quashed the rape case against Raghaveshwara Bharati Swamy.
- The court noted a nine-year delay in reporting the alleged incident.
- Justice M. Nagaprasanna presided over the case.
- The complainant alleged two instances of rape.
- The CID was deemed unauthorized to file the charge sheet.
Bengaluru, April 2 (NationPress) The Karnataka High Court has dismissed the rape allegations against the esteemed Hindu seer Sreemad Jagadguru Shankaracharya Sri Sri Raghaveshwara Bharati Swamy of Shree Ramachandrapura Math, Gokarna, emphasizing that there was no justification for the nine-year delay in filing the complaint regarding the supposed incident.
The ruling was delivered by a bench led by Justice M. Nagaprasanna. In 2021, Raghavendra Bharati Swamy submitted a petition to the High Court, contesting the trial court's proceedings against him and requesting the annulment of the entire case.
A former disciple accused the seer of raping her on two occasions: first when she was 15 years old in 2006 and again in 2012, when she was an adult.
The court's ruling declared that the proceedings pending with the First Additional Chief Metropolitan Magistrate (ACMM), Bengaluru, concerning the charge sheet and all related proceedings are hereby quashed.
The judgment highlighted the absence of a convincing explanation for the significant nine-year delay in lodging the complaint. It is essential to consider whether such a delay in cases involving offences under Section 376 (rape) of the IPC could undermine the case and nullify the entire proceedings.
The court further noted: “The entire process against the petitioner has been compromised. Allowing further trial in this matter would undoubtedly constitute an abuse of legal processes and could lead to a miscarriage of justice. Therefore, I find it necessary to invoke my jurisdiction under Section 482 of the Cr PC to remove the looming threat over the petitioner (Swamiji).”
The court also stated that the cognizance taken by the Magistrate on the final report and the issuance of process suffered from a lack of thorough analysis.
Furthermore, the ruling pointed out that the charge sheet in this case was submitted by an officer affiliated with the Criminal Investigation Department (CID) before it was officially recognized as a ‘police station’ by the Karnataka government in 2024.
“The officer in charge at the CID cannot assume the role of an officer in charge of a police station unless the CID's office is first designated as a police station,” the court remarked.
In this context, the CID was not authorized to file the charge sheet.
According to the complainant, her family struggled financially, as her parents were farmers, and she attended a residential school operated by the mutt.
She claimed that during her visits to see the swamiji with friends on special occasions, he interacted with her in a loving and caring manner.
“While in class 10, the swamiji allegedly summoned her to his private room, stating that he was inspired by Lord Ram to address her deficiencies. According to her account, he pulled her onto the throne where he was seated and made her sit on his lap, instructing her not to resist before sexually assaulting her. He threatened her with curses if she revealed the incident,” the complainant recounted.
In her allegations, she further claimed, “Later, the swamiji orchestrated her marriage to one of the devotees of the mutt. Shortly after, issues arose in their marriage. When she confronted him about marrying her off to someone she disliked, the swamiji raped her and instructed her to meet him whenever he desired.”
