The Karnataka High Court, while hearing a rape accused’s bail plea, expressed concern over rising serious crimes and diminishing fear of legal consequences. Justice R Nataraj stressed the need for stronger enforcement of criminal laws, observing that deterrence within the justice system appears to be weakening.
The Karnataka High Court recently made strong oral observations on the growing incidence of serious crimes while hearing a bail petition filed by an engineering student accused in a rape case. During the proceedings, Justice R Nataraj expressed concern over what he described as a declining fear of legal consequences among offenders and stressed the need for stricter enforcement of criminal laws.
While considering the bail application, the Court remarked on the broader issue of increasing criminal offences and the perceived lack of deterrence in the justice system.
Justice R Nataraj observed orally during the hearing,
“If you chop a leg or hand, perhaps only then people will realise how to comply with law. Because we have a democracy, everybody takes it (for granted),”
ALSO READ: Crimes Against Women: Role of Fast-Track Courts in India
The judge further commented on the manner in which crimes are allegedly being committed without fear of punishment.
Justice Nataraj orally said,
“People are committing crimes casually as well as in a routine manner, only because offenders are not dealt with firmly under the law…Law has lost its teeth because we don’t deal with offenders firmly. That is why committing an offence has become so easy unlike in the Middle East,”
The observations came while the High Court was hearing a petition seeking bail for an engineering student who has been accused of sexually assaulting a former classmate.
Appearing on behalf of the petitioner, counsel argued that the student had been in judicial custody for nearly two months despite allegedly having committed no offence. The defence further submitted that the allegations pertain to an incident that is said to have taken place almost three years ago and therefore warranted consideration of the bail request.
The petitioner sought release pending further proceedings, contending that prolonged incarceration was unwarranted in the circumstances of the case.
Factual Backgrounds
According to submissions made by the State, both the petitioner and the complainant were students at an engineering college in Manipal and were known to each other as classmates.
ALSO READ: Not Every Financial Inaction Is a White-Collar Crime: Former CJI Sanjiv Khanna
The prosecution informed the Court that the complainant alleged that the incident occurred on September 12, 2023. As per her version, the petitioner persuaded her to accompany him to an apartment on the pretext of discussing issues concerning their friendship. The complainant has alleged that once they reached the apartment, the petitioner sexually assaulted her.
The State further submitted that before lodging a formal police complaint, the complainant had first approached the National Commission for Women seeking intervention regarding the alleged incident. Subsequently, she approached the Women Police Station and lodged a complaint, following which criminal proceedings were initiated against the accused student. The allegations are presently under investigation and the merits of the claims have yet to be adjudicated during trial.
Court’s Direction
After hearing preliminary submissions from both sides, the High Court directed that notice be issued to the State government and sought its response in the matter. The Court did not pass any immediate order on the bail application and posted the case for further consideration on June 8.
The matter is expected to be taken up again after the State places its response on record, following which the Court will consider the merits of the bail plea and the submissions advanced by both parties.
Although the proceedings concerned an individual bail application, Justice Nataraj’s remarks reflected broader judicial concerns regarding rising crime rates and the need for effective deterrence within the criminal justice system.
The observations highlighted the Court’s concern that inadequate enforcement and delayed consequences may embolden offenders, thereby weakening public confidence in the rule of law. However, the Court’s remarks were made in the course of oral exchanges during the hearing, and the bail petition remains pending consideration.