The Self-Proclaimed Godman Nityanandha is the accused of rape case in 2010 and other criminal offences like child abuse, cheating etc. The Karnataka Police informed the Hon’ble Karnataka High Court that the accused is on Spiritual Tour and thus they could not serve notice to him. The Hon’ble Court reserved the order, after hearing the arguments from both the sides, which will be pronounced on February 5, 2020.
A seeking cancellation of his bail
There has been another bizarre turn in the rape case against self-proclaimed “Godman” Nityanandha. After days of search and rumours about his whereabouts and his own island Nation, the new bizarre news came after the Karnataka police told the Karnataka High Court its reason for failing to serve him the Court notice. According to the Karnataka police it failed to serve the self-proclaimed “Godman” the Courts notice because he is on a ‘Spiritual Tour’. The police on Monday told the Karnataka High Court that they failed to serve him the notice as he is on a ‘Spiritual Tour’.
Prior Facts
Nityanandha, the self-proclaimed ‘Godman’ is a self styled Hindu Swami from Tamil Nadu. He is accused of rape and child abuse and has been absconding from India since November 2018. He is rumoured to have been hiding in Ecuador or Belize. The Ministry of External Affairs had cancelled his passport two months ago and he has been issued a blue-corner notice by the Interpol.
The Karnataka High Court, on 31st January, had asked the Karnataka police to serve a notice on Nityanandha. This came after one Lenin Karuppan, who was his former aide, filed a petition in the Karnataka High Court seeking cancellation of Nityanandha’s bail plea, granted to him in a 2010 rape case. The petitioner contested that the High Court should cancel the bail granted to him, as Nityanandhahas been skipping trail, fleeing the country on an expired passport, and has been making false representation in his exemption petition to a Trail Court. In this regard the Karnataka High Court directed the local police to serve notice to the accused by Monday and also directed them to serve a report on the same.
Nityanandha has been charged under Section 376 (rape), Section 377 (unnatural sex), Section 420 (cheating), Section 114 (criminal abetment), Section 201 (disappearing evidence, giving false information), Section 120B (criminal conspiracy) and other provisions of the Indian Penal Code.
Key Features
- Police said that they couldn’t serve notice as the accused is on a ‘Spiritual Tour’.
- After detailed hearing the Karnataka High Court reserved the matter for order, the same will be pronounced on 5th February, 2020.
Arguments and Order
The mattered appeared before Justice John Michael Cunha, advocate Ashwin Vaish appeared on behalf of the petitioner. The petitioners argued that the accused Nityanandha fled the country in order to escape his trial. The petitioners further contended, Nityanandha had been claiming to be in India in his exemption petitions before the Trial Court. However, actually he had sought asylum in Ecuador which has been granted to him. The petitioners further argued that Nityanandha is in possession of a second passport.
Moreover, the Deputy Superintendent of Police (DSP) Balraj B, the investigating officer in the case, had filed a report before the Court stating that the notice issued by the Court on 31st January has been served to one Kumari Archananda, an aide of Nityanandha, as Nityananda was not present in his Ashram. The DSP further added that the self-proclaimed “Godman” was not present in his Ashram as he was on a ‘Spiritual Tour’.
When the response was sought by the Court, the Public Prosecutor appearing on behalf of the State pointed out to the Court that Nityanandha’s appearance was not required immediately in the Trial Court. Further he added, Nityanandha has not violated any of his bail conditions. Additionally, it was argued by them that the delay in the trail has been caused because of the non-corporation of the petitioners. Further, it was argued by him that if the complainant has been aggrieved by the exemption order passed by the Trail Court, he should have challenged that and not seeks cancellation of bail. The Karnataka High Court after hearing both the sides reserved the matter for orders, and the same will be pronounced on 5th of February.
Edited by J. Madonna Jephi
Approved & Published – Sakshi Raje
Reference
1. Bar and Bench, https://www.barandbench.com/news/litigation/nithyananda-on-a-spiritual-tour-police-to-karnataka-hc-regarding-godmans-absence (last visited 4th February 2020, 12:25 PM)
