On July 7, 2025, the Karnataka High Court granted an interim stay on all proceedings against Palecanda Ponnappa @ Vishal, the 55-year-old owner of ‘Devi Villa’ homestay in Kodagu, who was charge-sheeted under the now-repealed Foreigners Act, 1946.
The order was passed by a single-judge bench of Justice M. Nagaprasanna, according to LiveLaw. The case arises from the alleged rape of a 33–35-year-old US national from Washington at the homestay in Kutta village, Kodagu district, on April 12, 2025.
Background: How We Got Here
The alleged rape occurred on April 12, 2025, at ‘Devi Villa’, a homestay in Kutta village, Kodagu district. The case was registered at the Kutta Police Station. The primary accused in the rape is Vrijesh Kumar, a housekeeper and cook at the homestay who is from Jharkhand, per Bar & Bench.
According to The Federal, the victim reportedly had her Wi-Fi access cut off and was allegedly confined at the homestay for nearly three days before she escaped and contacted the US Embassy. The US Embassy had been directly emailing Kodagu Police regarding the case, per Kodagu SP Bindu Mani, as reported by Hindustan Herald.
- April 19, 2025: Homestay owner Palecanda Ponnappa was arrested on allegations that he withheld information about the rape from authorities and attempted to prevent the victim from filing a complaint, according to Bar & Bench.
- May 2, 2025: Ponnappa was granted bail, as reported by Bar & Bench.
- June 8, 2025: Justice Nagaprasanna refused to grant an interim stay at a prior hearing, instead directing the State to first produce investigation records, per LiveLaw.
Ponnappa subsequently filed a petition in the Karnataka High Court in the matter of Palecanda Ponnappa @ Vishal v. State of Karnataka & Anr. The petition sought quashing of the FIR and Rs. 15 lakh as compensation for alleged violation of his fundamental rights, according to Bar & Bench.
The statutes cited against Ponnappa include the Foreigners Act, 1946 — a law that has since been repealed — alongside Section 239 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The primary rape accused faces charges under Section 64(1) BNS (rape), Section 3(5) BNS (common intention), and Section 180 BNSS (statement of witnesses).
The Ruling — Key Findings
On July 7, 2025, Justice M. Nagaprasanna granted an interim stay on all proceedings against Ponnappa. This reversal came after the court had declined relief at the June 8 hearing and had directed the State to produce investigation papers, per LiveLaw.
At the earlier June 8 hearing, Justice Nagaprasanna had made his caution toward the accused unambiguous. He was quoted as saying: “There’s not a case where I could grant a blanket stay straight away. I want to see the investigation papers.”
The same bench had also underscored the gravity of the underlying offence at that prior hearing: “See, if a citizen of another country is raped here, it’s a very serious offence,” Justice Nagaprasanna observed, as reported by Bar & Bench.
The July 7 order, following the State’s production of investigation records as directed, resulted in the interim stay on proceedings against Ponnappa specifically in respect of the charge under the now-repealed Foreigners Act, 1946. The court also issued a direction regarding the complainant-victim, who is currently abroad, according to LiveLaw.
A separate coordinate bench of the Karnataka High Court, presided over by Justice Suraj Govindaraj, had also addressed a related matter — the administrative cancellation of Ponnappa’s homestay licence. That bench quashed the cancellation as procedurally improper and directed the State to formulate a comprehensive policy for homestay regulation, per the verified sources.
Reactions & What’s Next
The proceedings against the primary accused in the rape, Vrijesh Kumar, are not affected by this interim stay, which is directed solely at the charge-sheet against Ponnappa under the repealed Foreigners Act, 1946.
The matter is being closely watched given its diplomatic dimensions. The US Embassy’s direct correspondence with Kodagu Police — confirmed by Kodagu SP Bindu Mani as reported by Hindustan Herald — signals the international attention the case has drawn since the alleged incident in April.
The Karnataka High Court’s July 7 order marks a significant procedural development for Ponnappa, though his petition seeking quashing of the FIR and Rs. 15 lakh compensation remains pending adjudication on merits.
Disclaimer
Disclaimer: This article is for general information only and does not constitute legal advice. Laws may change or vary by case — consult a qualified lawyer before acting. The Courtroom is not liable for any reliance on this content.
