Potency test: K'taka HC extends stay on medical test of Nithyananda

Karnataka High Court on Wednesday extended till August 22 its stay on the recent order of a district court directing controversial self-styled godman Nithyananda, facing criminal charges including rape, to undergo a potency test.

When the criminal petition filed by Nithyananda seeking quashing of the June 20 Ramanagara District court order, Justice V Jagannathan extended the stay, granted yesterday, till the next hearing and adjourned the matter to August 22.

Earlier, senior counsel C V Nagesh, representing Nithyananda, submitted that the Ramanagara court order was "not maintainable" as the Investigative Agency (CID) in this case had invoked a provision under 53(A) of the CrPC under which an accused can be subjected to a medical examination provided such an examination discloses commission of rape.

Nagesh said the potency test sought by the CID in this case would only disclose whether the petitioner was capable of commission of such an offence and would not reveal any evidence with regard to commission of rape that was allegedly committed seven years ago.

The senior counsel contended that the police had sought the test with a "malafide intention, based on an incident that occurred way back in 2006" and claimed that the potency test was not maintainable in law.

Nithyananda is facing charges of rape and criminal intimidation levelled against him in 2010 after some TV channels telecast purported video footage of the self-styled godman in a compromising position with an actress.

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