Karnataka HC Issues Notice To Absconding Nithyananda In Plea For Cancellation Of Bail In Rape Case

The Karnataka High Court on Friday issued notice to absconding self-styled godman accused Swamy Nithyananda while hearing a plea filed by his former aide, seeking cancellation of his bail granted in a rape case of 2010.

Justice John Michael Cunha directed the local police to execute the notice issued by Monday (February 3), and file a report before the court on the same day.

Counsel for the petitioner submitted that the Nityananda had fled the country, his passport has been cancelled and a blue corner notice has been issued against him by the Interpol in a case registered against him at Gujarat.

To which the court said "Notice has to go, will you (police) execute it?"

The petitioner Lenin Karuppan said that the prosecution has not raised objections against the exemption granted to Nithyananda since June 2018. Even after an order passed by the trial court in July 2019 summoning him, he has not appeared. While on bail, he committed another offence in Gujarat. Moreover, news reports indicate that accused has left India, either on a fake passport or second passpport. Thus he would not be available for trial and for judgement, the petitioner said.

To which the court said:

"Why has his presence not been secured before the trial court? Did you (prosecution) file any objections to the exemption granted."

The bench after going through and order of the Supreme Court which had directed expeditious hearing of the case, observed "Even the Supreme Court has made observations on the conduct of the prosecution and accused. Your (prosecution) role is not absolved. Prosecution has been found to be lax." The court directed the prosecution to file a report on why objections were not filed before the trial court seeking revoking of the exemption granted and for cancellation of bail.

Counsel for the state and the investigating officer informed the court that "Accused no 1 (Nityananda) is not present in India. His passport has been cancelled, his whereabouts are not known. We are going to place these details before the trial court now."

It added that the case has not reached a stage where accused presence is required. The prosecution sought time till Tuesday to serve the notice, citing the weekend holiday.

To which the court said "There is no holiday for police."

Nityananda was booked in 2010 for allegedly raping his former disciple. He and other accused are charged under section 376, 377, 420, 506, 120 B Indian Penal Code. As per certain reports, he has moved to Ecuador and is trying to set up his own nation by the name Kailaasa in an island.

The petitioner has filed another petition seeking transfer of trial from the Ramanagara court to any court in Bengaluru, in which Justice B A Patil has reserved orders.

Petitioner has in his plea raised apprehensions that a fair trial cannot be had before the Additional District & Sessions Court, Ramanagara court. His main grievance is that vide order dated 18.09.19, the trial court recorded, de novo, the testimony of the petitioner, despite extensive examination in chief on two earlier occasions.