The Karnataka High Court on Wednesday [September 16] issued notice to the Chief Secretary and the Additional Chief Secretary, Home Department in a contempt petition alleging wilful disobedience of a direction to pay Rs 5 lakhs as compensation for the illegal arrest of a Kodagu homestay owner over a US woman's rape.

The Division Bench of Justices Jayant Banerji and Geetha K.B was hearing a plea under Section 12 of the Contempt of Courts Act, 1971 r/w Article 215 of the Constitution of India, stating that despite due service of the order copy granting compensation, no amounts were paid to the aggrieved complainant by the Home Department.

During the hearing, counsel for the complainant, Advocate Angad Kamath, submitted that the order dated 15.07.2026 had directed the State to pay Rs 5 Lakhs within four weeks from receipt of a copy of the order. He submitted that order copies were served on the Chief Secretary, the Principal Secretary (Home), and the Superintendent of Police, Kodagu, by emails dated 27.07.2026, and that the compensation had not yet been paid. The said emails had furnished the operative portion of the order, bank particulars of the complainant for remittance etc for compliance, the counsel submitted.

The Court noted the array of parties, observing that the Chief Secretary, the Additional Chief Secretary, and the Superintendent of Police were arrayed as accused, while the State of Karnataka was arrayed as the fourth accused.

The Court observed that since there was no communication by the complainant to the actual respondent (Station House Officer) enclosing the order copy, no notice need be issued to accused No. 3 Superintendent in the party array of the contempt plea.

“…Issue notice to accused 1 and 2. Since there is no communication by complainant to respondent-Station House Officer [in the criminal petition wherein compensation was ordered] enclosing the order copy, no notice is issued to accused no.3 [Superintendent of Police in the contempt petition]. Notice on behalf of State [Accused No 4] is accepted by Additional Government Advocate. Steps shall be taken within a week, returnable within 3 weeks…”, the court accordingly noted in the order.

According to the contempt petition, a certified copy of the order was received by the State through the office of the learned Additional State Public Prosecutor on 15.07.2026, and the four weeks period expired on 12.08.2026.

For context, The Karnataka High Court on July 15 had ordered the State to pay Rs 5 Lakhs as compensation for 'illegal arrest' of the owner of the Kodagu Homestay, where a US National was allegedly raped.

Justice M Nagaprasanna ordered so in a plea moved by the homestay owner, challenging an FIR lodged against him after a US national was allegedly raped at his premises. The owner, who was arrested on April 19, sought quashing of the FIR for rape and had sought Rs 15 Lakhs as compensation for breach of his Fundamental Rights.

The owner was 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), among which the rape and criminal intimidation charges were dropped in the final chargesheet filed by the Kodagu Police.

On June 10, the court had orally flagged the security risk concerning the "mushrooming of homestays" across the state, remarking that no one no longer knows where these accommodations are and what was happening there, while reserving the matter for orders.

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

On June 8, the high court had refused to grant an interim stay on proceedings in the FIR. However, the court had stayed all proceedings against the homestay owner specifically, charge sheeted for offences under the now-repealed Foreigners Act 1946.

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

Case No: CRL.P 7712/2026