K’taka HC junks plea to transfer Prajwal Revanna’s obscene CD, rape case from MP-MLA court
Bengaluru: The Karnataka High Court on Wednesday rejected the plea by Prajwal Revanna, former JD-S MP and grandson of former PM H.D. Deve Gowda, convicted in the much-discussed sex CD and rape case, to transfer the matter from the Special Court for MLAs/MPs in Bengaluru to a different court.
Prajwal Revanna claimed that the presiding officer of the court is biased against him.
The bench headed by Justice M.I. Arun passed the order, turning down the request.
Prajwal Revanna has submitted the plea under Section 408 of the CrPC and sought transfer of his case to another court.
However, the bench maintained that the Special Court for MLAs/MPs is specially set up to conduct trails regarding offences alleged against elected representatives.
The bench further observed that the High Court had rapped the counsel for Prajwal Revanna on his conduct in delaying the proceedings of trial.
The counsel for Prajwal Revanna submitted that the presiding officer is biased against his client.
He also submitted that he had raised an objection regarding the trial not being fair, his submission was not noted in the order.
“I am not going behind the back of the judge. I am seeking transfer,” he stated.
He further pleaded that the court must consider reasonable apprehension of bias in this regard by the petitioner Prajwal Revanna. It was also mentioned that the trial court had reprimanded the lawyer representing the petitioner and that the evidence in the case had not been properly considered, with the trial court relying on evidence from other cases instead.
The state argued that the documents did not show any bias by the presiding officer against the petitioner. The state also suggested that the petitioner became unnecessarily anxious or unsettled after being convicted in one of the cases.
Justice M.I. Arun stated that the trial court was trying to conduct the trial continuously, day by day. In this process, any requests for adjournments and delays by the petitioner were disapproved or criticised.
While some remarks in the trial court’s judgment may seem harsh, they do not indicate bias on the part of the presiding officer. The judge also noted that the petitioner had attempted to prolong the case and use delay tactics, which the trial court rightly did not approve of.
In a major development, the Special Court for MPs/MLAs in Bengaluru on August 2 sentenced Prajwal Revanna to life imprisonment till death and imposed a fine of Rs 10 lakh in connection with an obscene video and a rape case involving a 47-year-old woman.
Judge Santosh Gajanana Bhat announced the verdict. The court has convicted Prajwal Revanna of life imprisonment till death under IPC Section 376 (2) (N) for repeated rape and a Rs 5 lakh fine.
The court has awarded life imprisonment and Rs 5 lakh fine under the IPC Section 376 (2) (k) for being in a position of control or dominance over a woman, and committing rape on such woman.
The court has directed that the Rs 7 lakh fine amount be collected from Prajwal Revanna for the victim.
Prajwal Revanna stood before the court by joining both his hands when the quantum of punishment was pronounced.
Prajwal Revanna is convicted under the IPC Sections 376 (2) (N) for offence of committing rape repeatedly on the same woman and being a public servant committing rape on a woman in custody, 376 (2) (K) for being in a position of control or dominance over a woman, commits rape on such woman, 354 (B) for use of criminal force to a woman with the intent to disrobe her, 354 (C) for offence of voyeurism, watching, capturing images of woman and IT Act 66 (E) for violation of privacy.
He faces three more cases of a similar nature.
Prajwal Revanna became emotional and broke down before the court while delivering his final statement ahead of sentencing.
He said: “Why did this case come out during the elections? When I was an MP, no complaints were lodged against me. They now say I committed multiple sexual assaults. Why didn’t anyone come forward then? Why did the case surface only during the election?”
He further alleged: “The police have done this. This is politically motivated. I will accept the decision of the court. I haven’t seen my parents for six months.”
When Judge Santosh Bhat asked Prajwal Revanna about his educational qualifications, he responded that he had studied Mechanical Engineering. “You can verify my academic records. I am a meritorious student. My only fault is that I rose too quickly in politics. I won’t blame the media,” he added.
