After seven-year legal battle, Japanese national gets compensation for wrongful jail term in Bengaluru

Nearly seven years after arriving in Bengaluru to study English, Japanese national Hirotoshi Tanaka has received ₹75,000 in compensation from the Karnataka government. The payment follows an order by the Karnataka State Human Rights Commission (KSHRC), which held that Mr. Tanaka was unnecessarily kept in judicial custody for 19 days in 2019.

Mr. Tanaka, a 36-year-old psychology graduate from Yaizu in Japan's Shizuoka Prefecture, had enrolled at a private English academy in R.T. Nagar in October 2019. According to him, classes were frequently cancelled and conducted irregularly, and his repeated attempts to seek an explanation from the academy's head went unanswered.

The dispute escalated during an argument when Mr. Tanaka admitted that he grabbed the principal's arm to stop him from walking away. He alleged that he was provoked, lost his temper, and punched the academy head. Following the altercation, the R.T. Nagar police registered a case against him under charges of voluntarily causing hurt and criminal intimidation. Although the offences were bailable, Mr. Tanaka was arrested on November 23, 2019, and remained in the Bengaluru Central Prison for 19 days before being released on December 11.

Mr. Tanaka said that his troubles did not end after his release. He recalled that a constable, Raghavendra, lent him ₹1,500 after noticing his financial condition. However, he alleged that another officer, then sub-inspector B. Hanumantharayappa, demanded a bribe. After negotiations, he paid ₹5,500, which also covered the amount he had borrowed. Days later, when he appeared before the court, he alleged that the officer again demanded ₹3,000 to settle the case.

Determined not to give in to what he described as repeated demands for illegal payments, Mr. Tanaka decided to challenge the alleged misconduct in December 2020. However, the COVID-19 pandemic disrupted his plans. With little money and nowhere to stay, he claimed he spent nights in R.T. Nagar Park before being robbed of his belongings. Fearing for his safety, he began sleeping inside the premises of the R.T. Nagar Police Station. One night, he lost consciousness and later woke up in the intensive care unit of Bowring Hospital.

After being discharged in March 2020, a friend helped him find accommodation in BTM Layout. The pandemic also complicated his immigration status. His visa expired while the criminal case remained pending. Mr. Tanaka said officials from the Consulate-General of Japan in Bengaluru approached the police on his behalf but were informed that the matter was before the court.

Seeking an end to the legal proceedings, Mr. Tanaka approached the Karnataka High Court. After the coaching centre's head agreed to settle the dispute, the High Court, on November 2, 2020, quashed the FIR and all criminal proceedings against him. Although he was then free to leave India, Mr. Tanaka said he chose to remain to pursue his complaint against the police.

The KSHRC, in its order, observed that Mr. Tanaka's detention for 19 days was unnecessary and directed the state government to pay him ₹75,000 as compensation. Speaking to The Hindu over a phone call from Japan, Mr. Tanaka expressed relief that the long legal battle had finally ended, though he noted that the compensation cannot undo the hardship he endured.