Homestay Owner Where US National Was Allegedly Raped Moves Karnataka High Court To Quash Chargesheet Filed Under Repealed Foreigners Act

The owner of a Kodagu Homestay, where a 33-year-old US national was allegedly drugged and raped, moved the Karnataka High Court on Friday (July 3) seeking quashing of a new chargesheet against him which includes offences under the repealed Foreigner's Act, 1946. 

For context, the petitioner had moved the high court in a separate plea seeking quashing of a rape FIR; after hearing the matter at length the high court had reserved its verdict on June 10. 

Before the Single Judge bench of Justice M. Nagaprasanna, Advocate Angad Kamath for the owner mentioned the matter on Friday and argued that the charges levelled against the owner in the new chargesheet are untenable, since it include offences from the Foreigner's Act, 1946 which was repealed months before the actual occurrence.

For context, Foreigner's Act, 1946 was officially replaced and consolidated by the Immigration and Foreigners Act, 2025 which came into effect on September 1, 2025.

Kamath argued that Chargesheet had been filed, committal has also happened, however there were fresh charges under the Foreigner's Act wherein the law itself has been repealed. 

To this the court orally said,"We will open and close it on next Tuesday". Kamath further said that rape charges against the petitioner, based on which he was arrested, have been dropped. 

When the court enquired who the complainant was, Kamath said the complainant is in US now, and even she has said that she won't be coming back to India.

For context, the owner of the homestay in Kutta village preferred the plea challenging the chargesheet that was filed on June 7, as far his inclusion in it is concerned. The plea argues that the chargesheet before the Magistrate Court at Ponnampet has dropped all the previous accusations against him for the offences of rape, criminal intimidation, and criminal conspiracy.

The surviving charges from the FIR, as per the chargesheet is Section 239 [intentional omission to give information about an offence a person is legally bound to inform]. Along with it, there is a newly inserted provision of Section 7 [Obligation of Keepers of Premises to inform about foreigners staying] r/w Section 14 [Penalty for contravention of Act's provisions] of the Foreigners Act, which has also been assailed in the fresh plea.

On the inclusion of Section 7 read with Section 14 of the Foreigners Act, 1946 the plea states that the Act itself stood repealed on September 1, 2025 by Section 36 of the Immigration and Foreigners Act, 2025. The alleged contravention [failure to furnish particulars of a foreign guest] is said to have occurred in April 2026 after the repeal of the said statute, the plea states.

“…To charge a citizen under Section 7 read with Section 14 of the Foreigners Act, 1946 for conduct occurring long after that Act had ceased to be law is to prosecute him under a non-existent penal provision; the charge is a nullity and discloses no offence known to law," the petition contends.

The petitioner also says, that under the Immigration and Foreigners Act, 2025, the centre has made the contravention compoundable for a fixed sum of Rs 50,000, payable to the Foreigners Regional Registration Officer

"The legislature and the executive have thus, by the most recent and considered exercise of their power, declared that this very lapse is to be met by an administrative composition of ₹50,000, and not by a custodial prosecution…The gravest machinery of the criminal law cannot be set in motion against a paperwork lapse which the law itself now treats as compoundable for a fixed and modest sum”, the plea adds. 

About Section 239 BNS, the plea states that it cannot be invoked against a homestay owner for non-reporting of the alleged sexual offence as the ingredients of the offence were absent.

The court thereafter listed the matter on July 7. 

Background

The complainant-US Woman had alleged that she was served a welcome drink upon her arrival on April 12 at the homestay which was allegedly spiked. It is alleged that on losing consciousness, the employee sexually assaulted her

The homestay owner was arrested on April 19 and subsequently sent to a 14-day judicial custody. The petitioner moved the Sessions Court for bail on April 23, which was granted on May 2.

The owner was initially booked for offences under Sections 64(1) (rape), 351(2) (criminal intimidation), 238 and 239 BNS (concealing design to commit offence and giving false information).

In a  connected matter moved by the petitioner, the High Court had directed the State government to formulate a comprehensive policy for regulation of homestays, noting that the existing framework under Karnataka Tourism Trade (Facilitation and Regulation) Act does not properly address concerns of public safety, health, hygiene, security among others. In the same case, the court also set aside the license revocation of homestay owned by the petitioner.

Case Title: Palecanda Ponnappa @ Vishal v. State of Karnataka & Anr.

CRL P: 9676/2026