BENGALURU: Karnataka HC on Wednesday awarded Rs 5 lakh compensation, to be paid in four weeks, to a Kodagu homestay owner, ruling that his arrest in a rape case filed by an American woman guest was illegal.The court said allegations against him were prima facie incongruous as he was not present at the scene of the alleged crime. Palecanda Ponnappa alias Vishal, owner of Devi Villa Homestay in Kutta, challenged his April 18, 2026, arrest and detention until May 2. His petition sought quashing the FIR and Rs 15 lakh compensation for his illegal arrest.Justice Nagaprasanna held that the law does not permit arrest as an instinctive or automatic response. He observed that just because a complaint was routed through the US Embassy or any other country, it does not mean that the fundamental right of an Indian citizen can be compromised.The 33-year-old US tourist alleged that she was raped after her drink was spiked by a housekeeper at the homestay in Kodagu. She approached the US Consulate, leading to a police FIR. The housekeeper from Jharkhand was arrested for the offence and so was Ponnappa, for allegedly suppressing information.Arrest is not a ritualistic exercise to be undertaken at the whim of the investigating agency; it is a grave intrusion into personal liberty, sanctioned only upon strict compliance with statutory safeguards and constitutional limitations. The arrest of the petitioner is a glaring affront to Article 21 of the Constitution, said Justice Nagaprasanna.The justification for the arrest was that the petitioner was required for custodial interrogation, while the offences alleged are under Sections 238, 239 and 351 of BNS, all of which are non-cognizable in nature, the judge added.Justice Nagaprasanna said Ponnappa’s arrest amounted to more than just unlawful detention. He was humiliated and traumatised. He also held that police had acted in blatant violation of the safeguards and arrest guidelines laid down by the Supreme Court.
