#MenToo: HC gives a bond to the actor Karan Oberoi and orders a lawsuit against the accuser for organizing an attack

MUMBAI: "You are supposed to conduct a free, fair and impartial investigation," Judge Revati Mohite Dere of the Bombay Supreme Court told police Friday while she was giving the actor, the singer on bail, Karan Oberoi, more than a month after his arrest in a case of alleged multiple rapes and extortion.

A 34-year-old woman, who claims to be an astrologer, filed the case on May 4 against Oberoi, whom she had "met on a dating app" in August 2016. She then filed on May 25 " "Aggression" against her by two bikers who "threatened her with an acid attack to remove the rape case".

The HC indicated that its FIR indicated that the first allegation of rape was made in January 2017, but that it should be read "in juxtaposition with messages dated January 13, 2017 and exchanged between them".

The HC fixes the deposit at 50,000 rupees and orders him to go to the police station "as and when his calls". The court also allowed Oberoi's attorney, Dinesh Tiwari, to provide documents and materials "in support of his innocence, by June 20".

Significantly, the HC observed that the woman "orchestrated" on May 25 an "organized attack" against herself to deny her bail. "The police concluded that the second FIR was wrong. In fact, what happened … it was she who orchestrated the attack, "said Judge Dere. Police said his lawyer was also arrested for the plot that, after claiming to have been charged, said he had organized the crime with the attackers. HC questioned Prosecutor S V Gavand, who said the second judicial report was "false" and "by order of the informant". The judge immediately asked her why she was not arrested. "It's a serious question – what's stopping you from quitting?" Said the judge.

The HC asks the police to "take the necessary action" against the woman for the May 25 business period.

Tiwari's is based on a series of text exchanges between the two to argue that the FIR for rape was false, filled with non-specific allegations and deserved a bond. He claimed that it was "a consensual relationship" before the actor "dissociated from it".

The judge noted that, from the beginning, Oberoi denied having violated the complainant's coconut water and having her raped. The applicant states that he had a consensual relationship but that he was not interested in a serious commitment. However, the texts show at first sight that the woman had become obsessed with him and "wanted to come back with him and he avoided him". The applicant lodged three complaints against her, claiming that she was making false accusations and threatening him […]. She had "constantly called and texted" and she filed a complaint against him in October 2018, in which she did not mention the rape.

The HC also noted that the sessional court that denied him bail on May 17 rejected the allegation of extortion. Tiwari said that the actor gave him money after the demonitization to remake the interiors of his apartment, because she also participated in the 'home decor'.

The judge also asks the prosecutor if the police took her mobile phone for the purposes of forensic badysis in the rape case. "Up to here, no," he answered softly. "She has two-three mobiles," he added. "Why, why did not you pick up the phone?" The officer is supposed to investigate impartially and fairly … "What kind of investigation is this?", Reprimanded the judge. There was also no response from the investigating officer present in court.

The woman's new lawyer, Sheikh Mohd Ibrahim, said she would "hand over her phones" if the police gave summonses. He denied his involvement in the second FIR.

Judge Mohite Dere, both discreet and firm, repeatedly reminded the police that she was supposed to conduct a fair investigation.

After a hearing in which she routinely asked the three lawyers a number of questions in order to obtain a clear and prima facie case, Dere J. noted that her lawyer had not denied the content of text exchanges. He argued that she had been blackmailed and that she had entrusted her with household items such as a sofa, a bed and a refrigerator. The judge stated: "At first glance, a careful reading of … messages show that no such request was made by her … household items … were voluntarily donated by her."

Oberoi's sister, who was present in court, hurried afterwards, with a relaxed smile, to complete the formalities of his bail and take him out of Taloja prison where he has been for a month. He should be released Saturday.