Thippeshi vs The State Of Karnataka By
2023 Latest Caselaw 6679 Kant

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                                                             NC: 2023:KHC:34278
                                                         CRL.A No. 1566 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 21ST DAY OF SEPTEMBER, 2023

                                               BEFORE
                      THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                                 CRIMINAL APPEAL No. 1566 OF 2023
                      BETWEEN:

                            THIPPESHI
                            S/O LATE DEVARAJ
                            AGED ABOUT 24 YEARS
                            COOLIE WORKER
                            R/O SRIRAMNAGARA
                            SIRAMAGONDANAHALLI
                            DAVANAGERE TQ AND DISTRICT -577 006.
                                                                   ...APPELLANT
                      (BY SRI S G RAJENDRA REDDY, ADVOCATE)

                      AND:

                      1.    THE STATE OF KARNATAKA BY
                            WOMEN POLICE STATION
                            DAVANAGERE
                            REPTD. BY S.P. P
Digitally signed by
                            HIGH COURT OF KARNATAKA
LAKSHMINARAYANA             BENGALURU-560 001.
MURTHY RAJASHRI
Location: HIGH
COURT OF              2.    SMT. MANGALAMMA
KARNATAKA
                            W/O LATE HUCHHAIAH
                            UDBURU VILLAGE
                            MYSORE -TALUK
                            MYSORE DISTRICT - 571 114.
                                                               ...RESPONDENTS

                      (BY SRI RANGASWAMY R, HCGP FOR R1
                       R2-SERVED, R2 AND VICTIM GIRL PRESENT BEFORE
                       COURT ON 20.09.2023)
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                                                NC: 2023:KHC:34278
                                          CRL.A No. 1566 of 2023




     THIS CRL.A IS FILED U/S.14(A)(2) OF SC/ST (POA) ACT
PRAYING TO SET ASIDE THE ORDER DATED 26.07.2023
PASSED BY THE ADDITIONAL DISTRICT AND SESSIONS JUDGE
FTSC-1 DAVANAGERE IN DAVANAGERE WOMEN P.S.,
CR.No.73/2023 AND ENLARGE THE APPELLANT ON BAIL IN
CR.No.73/2023 OF WOMEN P.S., DAVANAGERE PENDING ON
THE FILE OF THE FAST TRACK-01 AT DAVANAGERE
REGISTERED FOR THE OFFENCE P/U/S 9 OF CHILD MARRIAGE
RESTRAINT ACT U/S 3(2)(v), 3(2)(va) OF SC/ST ACT AND
SECTION 6 OF POCSO ACT AND SEC.376(2)(n) OF IPC
PENDING THE TRIAL.

     THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                            JUDGMENT

1. This appeal is filed by the appellant - accused

praying to set-aside the order dated 26.07.2023 passed in

Davanagere Women Police Station Crime No.73/2023, by

the Additional District and Sessions Judge, F.T.S.C-I,

Davanagere, whereunder the bail application of the

appellant - accused sought in respect of the offence under

Section 376(2)(n) of the Indian Penal Code, 1860 (for

short hereinafter referred to as 'IPC'), Section 9 of the

Prohibition of Child Marriage Act, 2006 (for short

hereinafter referred to as 'the Child Marriage Act'),

Section 6 of the Protection of Children from Sexual

NC: 2023:KHC:34278 CRL.A No. 1566 of 2023

Offences Act, 2012 (for short hereinafter referred to as

'the POCSO Act') and Sections 3(2)(v) and 3(2)(va) of the

Scheduled Castes and the Scheduled Tribes (Prevention of

Atrocities) Act, 1989 (for short hereinafter referred to as

"the SC/ST Act"), came to be rejected.

2. Heard learned counsel for the appellant - accused

and learned High Court Government Pleader for

respondent No.1 - State. Respondent No.2 and the victim

girl were present on the last date of hearing and they have

submitted 'no objection' to grant bail to the appellant -

accused.

3. A case came to be registered on a complaint filed by

C.D.P.O against this appellant - accused for the aforesaid

offences. In the said complaint, it is stated that when the

victim girl was examined in the District Chigateri Hospital,

Davanagere, she was found pregnant of three months and

it was intimated to the Child Development Office and the

Child Development Officer had a talk with the victim girl

who has stated before the C.D.P.O that she is aged

NC: 2023:KHC:34278 CRL.A No. 1566 of 2023

16 years 6 months and her date of birth is 01.01.2006 and

she came in contact with Sri.Thippesh, the appellant

herein and they started loving each other since eight

months and coming to know the same, the family

members opposed and started assaulting the victim girl

and therefore, the victim girl by making the phone call to

the appellant - accused called him to her village and on

17.02.2023, they left the house, married in a temple, had

physical contact and as a result, she became pregnant of

four months. The appellant - accused came to be arrested

on 27.06.2023 and he is in judicial custody. The appellant

- accused filed bail application and the same came to be

rejected by order dated 26.07.2023, which is challenged in

this appeal.

4. Learned counsel for the appellant would contend that

there is no complaint either by the victim or by her

parents. There is a love affair between the victim and the

accused since eight months and they are married and

residing together. The victim in her statement recorded

NC: 2023:KHC:34278 CRL.A No. 1566 of 2023

under Section 164 of Cr.P.C has stated that she wants her

husband. The appellant - accused is ready to co-operate

with the police in the investigation. Without considering

these aspects, the learned Sessions Judge has passed the

impugned order which requires interference by this Court.

With this, he prayed to allow the appeal and grant bail to

the appellant - accused.

5. Per contra, learned High Court Government Pleader

for respondent No.1 - State would contend that the matter

is still under investigation. If the appellant - accused is

granted bail, there are chances of tampering the

prosecution witnesses and hampering the investigation.

Due to the acts of this appellant - accused, the victim girl

who is a minor became pregnant and she belongs to

Scheduled Tribe. Considering the said aspect, learned

Sessions Judge has rightly rejected the bail application.

With this, he prayed to dismiss the appeal.

6. Having heard the arguments of learned counsel for

the appellant - accused and learned High Court

NC: 2023:KHC:34278 CRL.A No. 1566 of 2023

Government Pleader for respondent No.1 - State, this

Court has perused the impugned order, complaint and the

statement of the victim girl recorded under Section 164 of

Cr.P.C.

7. The averments of the complaint itself shows that this

appellant - accused and the victim girl are in love affair,

married each other and due to physical contact, the victim

girl became pregnant. The said complaint is filed by

C.D.P.O. The parents of the victim girl have not chosen to

file any complaint. In the statement recorded under

Section 164 of Cr.P.C, the victim girl has not alleged

anything against the appellant - accused and she has

stated that she wants her husband. More so, respondent

No.2 - mother of the victim girl and the victim girl who

were present on the last date of hearing, submitted that

they have no objection for grant of bail to the appellant -

accused. The appellant - accused has undertaken to

co-operate with the police in the investigation. Without

considering all these aspects, learned Sessions Judge has

NC: 2023:KHC:34278 CRL.A No. 1566 of 2023

passed the impugned order, which requires to be

interfered with. In the result, the following;

ORDER

The appeal is allowed. The impugned order dated

26.07.2023 passed by the Additional District and Sessions

Judge, F.T.S.C-I, Davanagere is set-aside. The bail

application of the appellant -accused stands allowed. The

appellant - accused is ordered to be released on bail in

Davavanagere Women Police Station Crime No.73/2023,

subject to the following conditions;

(i) The appellant - accused shall execute a personal bond for a sum of Rs.1,00,000/- (One lakh only), with one surety for the likesum to the satisfaction of the jurisdictional Court.

(ii) The appellant - accused shall co-operate with the police in the investigation.

(iii) The appellant - accused shall not hamper the prosecution witnesses.

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(iv) The appellant - accused shall appear before the jurisdictional police on first and third Sunday of every month between 10.00 am., and 2.00 pm., for a period of two months or till filing of the final report, whichever is earlier.

Sd/-

JUDGE

GH