New Delhi: The Supreme Court on Wednesday issued notice on a plea filed by the Karnataka special investigation team (SIT) against the high court order, which granted anticipatory bail to Bhavani Revanna, mother of Prajwal Revanna, in a case for the alleged kidnapping of a woman. The apex court emphasised that the matter involves the liberty of a woman and apparently did not seem convinced that there is a need to interfere with the high court order, but eventually issued notice in the matter.
The bench comprising justices Surya Kant and Ujjal Bhuyan expressed its unwillingness in entertaining the plea against the high court order. However, senior advocate Kapil Sibal, representing the SIT, vehemently argued against the high court decision and convinced the court to issue notice.
At the outset, Sibal said the relief granted to the respondent by the high court was unfortunate and there are statements that the victim was actually kidnapped.
Justice Kant asked Sibal to see the reasoning of the high court and leave apart political contention, and pointed out that the respondent is an over 50-year-old woman. Justice Kant said allegations against her son are very serious and, against the backdrop of these allegations, what will be the role of the mother in abetting the crime committed by her son. Prajwal Revanna is facing cases for alleged sexual offences committed against several women.
Sibal said the high court should have considered why the trial court declined to grant the anticipatory bail and made it clear that he is not getting into politics. Sibal pressed that there were statements pointing that the victim was actually taken into captivity, and she was taken to a farm and she escaped from there. “Where is the allegation against the respondent (Bhavani)?”, said Justice Kant.
Sibal cited the victim's statement recorded by the judicial magistrate under Section 164 of the CrPC referred to the role of Bhavani in putting her under captivity. Justice Kant asked Sibal to point out where Bhavani’s role had been mentioned in the 164 statement. The bench told Sibal that there was nothing against the respondent and questioned, how would the mother of the accused be involved in the alleged sexual offences.
"Those who did probably have been arrested…" said Justice Kant, adding that they will face consequences for whatever acts done by them. Sibal said she is the one who gave direction for the captivity of the victim and then the victim escapes, as she fears for life which has been pointed out in the 164 statement.
The apex court said that the limited point before it is the anticipatory bail granted to the respondent, and stressed that there is a question of liberty of a woman involved in the matter. Sibal insisted that the victim escaped because she feared for her life and added it would be wrong to conclude that the mother of the accused did not know anything about it. The bench said if Bhavani is guilty, it will be proved in the trial. After hearing submissions, the bench issued notice on the SIT’s petition.
Last month, the Karnataka High Court had granted anticipatory bail to Bhavani Revanna, who faces charges of kidnapping a woman.
