The Karnataka High Court has held that the arrest of a Coorg homestay owner in connection with a rape case was illegal and unconstitutional, while allowing the investigation against him to continue. Justice M. Nagaprasanna ruled that the police could not have arrested the petitioner, Palecanda Ponnappa alias Vishal, by invoking Section 3(5) of the Bharatiya Nyaya Sanhita (BNS), as it merely embodies the principle of common intention and does not create a substantive offence.
The petitioner, who runs Devi Villa Homestay in Kodagu, had challenged the FIR, sought a declaration that his arrest and 14-day judicial custody were unlawful, and claimed compensation. The case arose from a complaint by a US citizen alleging that she was sexually assaulted by a homestay employee after consuming a welcome drink during her stay in April 2026. The Court observed that while the allegations of rape warranted investigation, the petitioner himself was not accused of committing the offence and was only booked under non-cognizable provisions relating to destruction of evidence, omission to inform, and criminal intimidation.
Holding that the police lacked legal authority to arrest the petitioner for such offences, the Court reiterated that “arrest is not a ritualistic exercise” and emphasised that personal liberty cannot be curtailed without strict adherence to statutory and constitutional safeguards. Relying on Supreme Court precedents including D.K. Basu, Arnesh Kumar, and Mohammed Zubair, the Court held that the arrest violated the petitioner’s fundamental rights under Article 21.
While refusing to quash the FIR, the High Court declared the arrest illegal and directed the State of Karnataka to pay the petitioner ₹1 lakh as compensation, with liberty to recover the amount from the officers responsible after an appropriate enquiry.
