HC upholds decision to frame charges against Nithyananda

Accused had challenged order of sessions court in rape case

May 19, 2018 08:19 pm | Updated May 20, 2018 02:31 pm IST

Nithyananda Swamy of Nithyananda Dhyanapeeta, Bidadi near Bengaluru, will have to face trial in a rape case as the Karnataka High Court has upheld the decision of a Ramanagara sessions court to frame charge against him while rejecting his plea to discharge him from the case.

Justice Budihal R.B. delivered the verdict while rejecting petitions filed by Nithyanada and five other accused - Gopala Sheelam Reddy alias Nithya Bhakthananda, Shiva Vallabhaneni alias Nithya Sachidananda, Danasekaran alias Nithya Sadananda, Ragini alias Maa Nithya Sachidananda, and Jamuna Rani alias Maa Nithyananda.

However, the High Court set aside the decision of the sessions court to frame charge against Gopala Sheelam Reddy (accused number 2) under Section 212 (harbouring offender) of the Indian Penal Code while upholding its decision to frame charges against him under other provisions of the IPC.

In the case of Nithyananda and four other accused, the High Court did not find any fault in the decision of the sessions court.

“Looking to the entire material so also the order of the learned sessions judge and the legal position, I am of the opinion that except the mistake of the [sessions] court in framing charges for the offence under Section 212 of the IPC against accused No.2, which is liable to be set aside, the rest of the order holds good,” Justice Budihal observed in his May 16 order while upholding the sessions court’s February 19 order of refusing the plea of the accused to discharge them from the case.

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