The Supreme Court on Friday quashed a plea challenging the Delhi High Court order issuing anticipatory bail to a Mumbai-based journalist in a rape case lodged against him by a 22-year-old woman.
On May 13, the high court issued journalist Varun Hiremath anticipatory bail in the matter. Following his anticipatory bail request being denied by a trial court here on March 12, Hiremath went to the high court.
The petitioner’s senior counsel, Nitya Ramakrishnan, contended in the Supreme Court that the accused had previously escaped for 50 days and evaded the non-bailable warrant.
Ramakrishnan stated the penetrative conduct was done without the woman’s permission, pointing to revisions to the Indian Penal Code (IPC). The victim had repeatedly said “no,” but the accused violently penetrated her, according to the senior lawyer.
The petitioner claims in her appeal to the Supreme Court that the accused has not been subjected to custody interrogation in the matter for even a single day despite refusing to cooperate with the police investigation. The recording of confessions and statements before a magistrate is covered under Section 164 of the Code of Criminal Procedure (CrPC).
The petitioner claimed that the accused went before the investigating authority after the high court granted him interim protection from arrest on April 9. The complainant’s FIR and section 164 CrPC statement “both unequivocally record that the petitioner pushed him away many times and that she also forcefully yelled no,” according to the statement.