Rape or adultery? Halappa’s dilemma

Mangalore Today News Network

Bangalore, September 14: DNA tests reveal BJP MLA had physical relationship with a friend’s wife. The question is whether the sex was consensual or, as the woman alleges, forced upon her.

The experts’ report on the body fluid found on the clothes of the woman who has accused BJP MLA Hartal Halappa of rape has come as a double-edged sword for the former food and civil supplies minister.

The report of the Hyderabad-based Centre for DNA Fingerprinting and Diagnostics (CDFD) indicates that Halappa did have a physical relationship with the complainant. The question is whether it was consensual or forced upon her.

Either way, Halappa is in trouble. If rape is proved, he faces a jail term of up to 14 years. If it turns out to be a case of consensual sex, it amounts to adultery, which is punishable with a prison term of at least three years. In case of the latter, the husband of the complainant, or Halappa’s wife, will have to file a fresh case.

Halappa had resigned in May this year after being accused of rape by the wife of his friend Venkatesh Murthy. The alleged crime took place in Venkatesh Murthy’s home in Shimoga on November 26, 2009. The complaint was lodged on May 2, 2010.

Halappa denies the rape charge or that he had a consensual sexual relationship with the complainant.

CID sleuths, who are investigating the case, had sent the clothes worn by the complainant on the day of the alleged crime to the CDFD, along with her blood samples and that of Halappa’s. They had also sent the video footage shot by Venkatesh Murthy on a mobile phone to support his allegations.

Last week, sleuths got the CDFD’s report on the results of DNA tests on the samples.

Sources said the report indicates that the semen traces found on the complainant’s clothes belong to Halappa.

On the basis of this report, the CID can establish that there was intercourse between Halappa and the complainant.

Sources close to the MLA from Sorab revealed that the report has come as a shock to Halappa. It appears that he is not well-versed in the science of DNA tests. He assumed that the tests would fail to detect any relationship between him and the complainant due to the five-month gap between the alleged rape and filing of the complaint.

Now that he is caught between the devil and the deep sea, well-wishers have asked him to confess to consensual sex to avoid the rape charge.

Now, Halappa’s hopes rest on the CDFD’s report on the video footage, which was submitted in July. The report points to discrepancies in the clip.

HALAPPA’S DEFENCE
While the victim, in her complaint, stated she was ‘raped’ before dawn, examination of the clip revealed that the alleged incident could have taken place around 10.30 pm.

Senior CID officials also confirmed that Venkatesh Murthy failed to hand over the memory chip of the mobile phone. He told investigating officials that he had misplaced the memory card.

In the absence of the memory card, the CID submitted the available footage (which Murthy had shared with mediapersons) to the CDFD along with the mobile phone.

One significant point that Halappa is likely to latch on to is a statement submitted by the owner of a lodge in Shimoga. He told sleuths that Venkatesh Murthy had checked into his lodge along with his son on the day of the alleged rape. He submitted CCTV footage to support his claim. However, the complainant had stated that her son was sleeping in an adjacent room wheN she was assaulted.

Halappa is also believed to have got hold of cellphone records of Venkatesh Murthy, which indicate that he was in constant touch with the MLA’s political rivals a fortnight prior to lodging the complaint.

All this is apart from the delay in lodging the complaint.

But there is no denying that the result of the DNA tests will come as a major embarrassment for Halappa.

When contacted, Halappa said, “I have not been informed about the outcome of the DNA test.”

When told that the report indicates a ‘physical relationship’ with the complainant, the MLA said, “I do not want to comment on the matter, as it is sub-judice and being investigated.”

THE CASE SO FAR
Hartal Halappa was a relative and an aide of former chief minister S Bangarappa. He is into the liquor business.

Bangarappa helped him get elected as an MLA from Hosanagara in 2004. But, they parted ways when Bangarappa left the BJP. In 2009, Halappa successfully contested from Sorab, the stronghold of Bangarappa, defeating the two sons of the former CM. The changes in loyalties, parties and constituencies led to Halappa making many enemies.

Venkatesh Murthy was a friend and well-wisher. According to him, Halappa had stayed over at their house in Shimoga on November 29. Around 3.30 am, he complained of a health problem and persuaded Murthy to get him some medicines. After Murthy left, Halappa allegedly raped his wife.

He was allegedly caught with his pants down when Murthy returned. The couple claim to have kicked Halappa out of their home. They claim to have tried to lodge a complain, but did not make headway, as Halappa was a minister in the BJP government. But they eventually met the DGP as Halappa’s associates were threatening them.

Halappa has denied all the charges claiming the complaint is a political conspiracy by his enemies.

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