‘Chop a Limb and People Will Obey Law’: Karnataka HC Calls for Stronger Deterrence While Denying Bail in Rape Case

by · TFIPOST.com

The Karnataka High Court has refused to grant bail to a 23-year-old engineering student accused of rape, making unusually sharp oral observations on deterrence, punishment, and what the court described as a growing lack of fear of law among offenders.

Hearing the bail plea of the accused, who has been in judicial custody since April 5, Justice R. Nataraj said that offences were being committed with increasing ease because consequences were not being enforced firmly enough. The court suggested that the deterrent effect of law had weakened in a democratic setup where protections are often taken for granted.

“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. If you chop off a leg or hand, perhaps only then will people realise to comply with the law. Because we have a democracy, everybody takes it (for granted),” the judge was reported as saying.

The observations came during the hearing of a bail application in a rape case, where the court was considering whether the accused should be released after nearly two months in custody.

The court declined to grant immediate relief, noting that the seriousness of the allegations and the stage of proceedings weighed against bail at this stage. It also remarked on custody in a colloquial observation. “If you eat salt, you got to drink water. Let him stay another four-five days. Let him get used to the prison. Who knows, if you are punished, you may have to go back,” the judge reportedly said while rejecting the plea.

According to the prosecution, the complainant, a fellow student, had known the boy since 2023. She stated that he initially expressed affection towards her, which she reciprocated, but later she distanced herself after becoming suspicious of his behaviour.

She further stated that on September 12, 2023, the accused called her to his apartment under the pretext of discussing their relationship, where she was sexually assaulted.

Appearing for the accused, advocate Ayantika Mondal argued that no offence had been made out. She also submitted that the boy had already spent nearly two months in judicial custody and that continued detention would adversely affect his professional future.

After hearing both sides, the High Court rejected the bail plea. The case will now proceed in accordance with law.