Karnataka: HC rejects bail for Rafiq in rape case, forced conversion of SC woman

The Karnataka High Court recently rejected the bail plea of ​​Rafiq, a man accused of imprisoning and raping a married woman and forcing her to convert to Islam. The decision was taken by Justice S Rachaiah of the Dharwad court, who emphasised the gravity of the charges and the wider societal implications of such crimes.

In his order, issued on July 3, Justice Rachaiah stressed the need for the judiciary to send a strong message against forced conversions and exploitation of vulnerable persons. He stressed that while considering bail applications, the nature and gravity of the offence and its impact on society should be taken into account.

“Needless to say, while considering the bail applications, the factors to be taken into consideration are the nature of the offence, its gravity, and its societal impact, etc. In the instant case, inducing innocent and destitute women and forcibly converting them to Islam is a serious development. Therefore, to prevent such bad developments, it is necessary to send a message to the society that courts are vigilant in regulating such activities and also protect the innocent and destitute women and children of the society,” Justice Rachaiah said.

The case involves Rafiq, who allegedly befriended a married woman belonging to the Scheduled Caste community. On the pretext of getting her a job, he took her to Belagavi, where he allegedly locked her in a room, raped her multiple times and tried to forcibly convert her to Islam. The woman eventually managed to escape and narrated the ordeal to her husband, who then reported the incident to the police.

Rafiq was subsequently arrested and charged under multiple sections of the Indian Penal Code (IPC), including offences related to rape and illegal confinement. Charges were also filed under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and the Karnataka Protection of Right to Freedom of Religion Act, 2022.

After his arrest, Rafiq sought bail through the court, but his request was rejected. He then approached the Karnataka High Court, hoping for relief. However, the High Court also rejected his bail plea, citing the seriousness of the charges and the potential social implications of granting bail in such cases.

In court, advocate Mahantesh S Hiremath represented Rafiq, while advocate Praveena Y Devareddiyavara appeared for the state government. Advocate S R Hegde represented the woman, who is the de facto complainant in the case.

The court’s decision to deny bail reflects its recognition of the broader implications of crimes involving forced conversion and sexual violence, particularly against vulnerable sections of society. By denying Rafiq’s bail application, the Supreme Court has underlined its commitment to protecting the rights of the oppressed and sent a clear message that such acts will not be tolerated.

Judge Rachaiah’s ruling is seen as part of a broader effort to address the issues of forced conversions and exploitation within the legal framework, ensuring that justice is done not only for the individual victim but also as a deterrent to potential perpetrators.

In this case, the Karnataka High Court’s denial of bail to Rafiq underscores the judiciary’s steadfast stand against crimes that threaten the social fabric and rights of marginalised communities. The case will proceed through the legal system, where evidence and testimonies will be examined and justice will ultimately be delivered.

This ruling sets a precedent for how the judiciary may deal with similar cases in the future, particularly those involving crimes involving forced conversions and exploitation of vulnerable individuals. The case continues to be closely watched for its legal significance and impact on societal norms regarding religious freedom and personal autonomy in India.