The Karnataka High Court has adjourned the hearing of JD(S) MLA HD Revanna's petition to Monday, June 3, at 2:30 pm. Revanna is seeking to quash charges registered against him under multiple sections of the Indian Penal Code (IPC), including kidnapping under section 364A.
During the hearing, senior advocate CV Nagesh, representing Revanna, argued that section 364A, which deals with kidnapping for ransom, requires both abduction and a threat or demand. He contended that abduction alone does not satisfy the criteria for this section. "Kidnapping must be followed by a threat of harm for the offence to arise," Nagesh stated, referencing a case law where the absence of a demand or threat rendered section 364A inapplicable, according to Live Law.
Justice Krishna Dixit sought clarification on whether the prosecution's allegations could constitute an offence if taken at face value. Nagesh maintained that the allegations, even if true, did not meet the requirements of section 364A, arguing that the charges were based on the initial complaint, not on evidence gathered during the investigation.
Special Public Prosecutor Ravivarma Kumar countered, describing the case as straightforward and urging an efficient resolution. Kumar highlighted the bail cancellation plea filed by the Special Investigation Team (SIT). The High Court adjourned that hearing and issued an emergent notice to Revanna, citing an arguable case based on the interpretation of section 364 (A) of the Indian Penal Code (IPC) by the special court judge.
According to Bar and Bench, the SPP stressed the connection of the current case to SIT’s plea of bail cancellation, and the necessity of serving notice to the accused Revanna.
Background of the case
HD Revanna faces multiple serious charges, including the kidnapping and alleged sexual harassment of a former house help, who was allegedly raped by his son, Hassan MP Prajwal Revanna. The cases were registered at KR Nagar and Holenarasipura police stations. Revanna was granted bail in the case on May 13.
In the kidnapping case, Revanna is accused under sections 364(A), 365, and 34 of the IPC. section 364(A) involves kidnapping for ransom with the intent to murder, while section 365 pertains to kidnapping with intent to secretly and wrongfully confine. section 34 addresses acts done by several persons in furtherance of a common intention. Both sections 364(A) and 365 are non-bailable, making bail discretionary rather than a right.
TNM has been continuously reporting on this case, speaking to survivors and others affected to, explore the the profound societal impact of the sexual abuse videos. Our coverage can be accessed here.