'Will Remain as a Scar': Karnataka HC Quotes Gandhi, Manusmriti to Deny Bail in Gang-Rape Case

The Karnataka High Court, on September 4, 2025, rejected a criminal appeal seeking bail for an accused, Syed Parveez Mushraff, in a gang-rape case near a railway station.

Court was dealing with a criminal appeal for relief in a case registered under Sections 115(2), 126(2), 351(2), 351(3), 352, 64, 3(5) of the Bharatiya Nyaya Sanhita and Sections 3(1)(r), 3(1)(w)(i)(ii), 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act).

The case against the accused arose from an incident on April 2, 2025, where the 19-year-old victim and her cousin were waiting for a train to her native place. At around 1:30 am, the accused persons allegedly assaulted her cousin and took the victim to a secluded nearby place where she was raped. Upon hearing her cry for help, the public gathered. Seeing the public, the accused persons attempted to escape, but one of the accused, Asif, was apprehended by the public and later taken into custody by the police.

A case was registered against Asif and the present accused, Syed Parveez Mushraff. Following the investigation, the police submitted the chargesheet.

Seeking relief before the high court, the counsel for Mushraff argued that he was innocent and had been falsely implicated in the case. Furthermore, he highlighted that the allegation against Mushraff in the victim's statement was only of holding the victim's cousin.

The state counsel vehemently opposed the plea for bail, contending that Mushraff held the cousin and continued to threaten him while Asif raped the victim, thereby facilitating the crime. She stressed that the bail plea had to be rejected to secure the confidence in the minds of young women for their safety.

The bench of Justice S Rachaiah noted that, as per the findings of the trial court, Mushraff also had the intention to rape the victim, but since the public gathered upon hearing the victim's outcry, he could not carry out his intention and had to flee the crime scene.

While highlighting the fundamental right of an individual's personal life and liberty, the court said, "However, such a right has to be exercised sparingly with utmost care and caution".

Court stressed that in the present case, the crime committed by Asif and Mushraff was such that it would remain in the victim's life as a scar. The bench observed, "It would be very difficult for her to come out of the agony that she had undergone."

Court quoted a sloka of Manusmriti which says “Yatra naryastu pujyante ramante tatra Devata, yatraitaastu na pujyante sarvaastatrafalaah kriyaah” and also the sayings of Mahatma Gandhi on “freedom” that “the day a woman can walk freely on the road at night, that day we can say that India has achieved independence”.

Having said thus, court held it appropriate to reject the bail and dismissed the appeal.

Case Title: Syed Parveez Mushraff vs State of Karnataka and Another

Order Date: September 4, 2025

Bench: Justice S Rachaiah