Karnataka High Court
Thippesha @ Thippeswamy vs The State Of Karnataka By on 9 October, 2025
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CRL.A No. 1896 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO. 1896 OF 2025
BETWEEN:
THIPPESHA @ THIPPESWAMY,
S/O LATE NIJALINGAPPA,
AGED ABOUT 24 YEARS,
OCC: AGRICULTURIST,
R/O DODDERI GOLLARAHATTI VILLAGE,
CHALLAKERE TALUK,
CHITRADURGA DISTRICT - 577 522.
...APPELLANT
(BY SRI. P.B. UMESH, ADVOCATE FOR
SRI. R.B. DESHPANDE, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY
CHALLAKERE POLICE STATION,
CHALLAKERE SUB-DIVISION,
Digitally signed CHITRADURGA DISTRICT - 577 522,
by (REPRESENTED BY
PADMASHREE STATE PUBLIC PROSECUTOR,
SHEKHAR
DESAI HIGH COURT BUILDINGS,
Location: High BENGALURU - 560 001)
Court Of
Karnatka 2. KAVYA .T,
D/O THIPPESWAMY,
AGED ABOUT 21 YEARS,
OCC: AGRICULTURAL COOLIE,
R/O DODDERI VILLAGE,
CHALLAKERE TALUKA,
CHITRADURGA DISTRICT -577 522.
...RESPONDENTS
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NC: 2025:KHC:39947
CRL.A No. 1896 of 2025
HC-KAR
(BY SRI. M.V. ANOOPKUMAR, HCGP FOR R1,
R2 SERVED AND UNREPRESENTED)
THIS CRL.A. IS FILED U/S.14(A) (2) OF SC/ST (POA)
ACT, 2015, PRAYING TO SET ASIDE THE ORDER DATED
30.08.2025 IN CRL.MISC.NO.985/2025 PASSED BY THE
SPECIAL 2ND ADDL. DISTRICT AND SESSIONS JUDGE,
CHITRADURGA CONSEQUENTLY DIRECT THE CONCERNED
POLICE OF CHALLAKERE POLICE STATION, CHALLAKERE SUB
DIVISION CHITRADURGA DISTRICT TO ENLARGE THE
APPELLANT/ACCUSED ON BAIL IN CRIME NO.95/2024 OF
CHALLAKERE POLICE STATION, CHALLAKERE SUB DIVISION
CHITRADURGA DISTRICT (CHARGE SHEETED FOR THE
OFFENCE P/US/ 376(2)(n),420 OF IPC AND
SEC.3(1)(r),3(1)(w)(i),3(2)(v) OF SC/ST (POA) ACT 1989 IN
CRIME NO.95/2024 OF CHALLAKERE POLICE STATION,
CHALLAKERE SUB DIVISION CHITRADURGA DISTRICT,
PENDING IN SPL.C.(SC/ST) NO.18/2024 ON THE FILE OF THE
SPECIAL 2nd ADDL. DISTRICT AND SESSIONS JUDGE,
CHITRADURGA IN THE EVENT OF HIS ARREST.
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL JUDGMENT
This appeal is preferred by the appellant-accused under
Section 14 (A) (2) of SC & ST (Prevention of Atrocities) Act
(herein after referred as the 'Act') for setting aside the order on
bail application passed in Crl.Misc.No.985/2025 dated
30.08.2025 by the Special II Additional District and Sessions
Judge, Chitradurga, for having rejected the application filed
under Section 438 of Cr.P.C., by the appellant for the offences
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punishable under Sections 376(2)(n), 420 of IPC and Section
3(1)(r), 3(1)(s), 3(1)(w),(i), 3(2)(V) of SC/ST POA Act.
2. The brief facts leading to this appeal is that on the
basis of the complaint filed by one T.Kavya, the Challakere
Police station have registered the case in Crime No.95/2024
against this accused for the offences punishable under Sections
376(2)(n), 420 of IPC and Section 3(1)(r), 3(1)(s), 3(1)(w),(i),
3(2)(V) of SC/ST POA Act, 1989. It is alleged in the FIR that
"That complainant is residing in the above said address along
with her mother and relatives. They are two daughters to her
parents. Her father Tippeswamy is residing separately leaving
her and her mother for the last several years. Complainant is
residing along with her mother and sister at her grand-mother's
house at Dodderi Village, Challakere Taluk. Her grandfather has
lands and complainant used to go to work there. Prior to four
years, complainant got acquainted with one Tippesha who is
residing near her grand-mother's land and they are loving each
other. From 01-08-2023 both of them contracting together
under a drumstick tree. On those occasions under the guise of
marrying her Tippesha used to have physical contact with her.
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Complainant become pregnant and when it was informed to
him, he has not agreed to marry her saying she belong to
different caste and he told her to get abortion. Complainant felt
that he is saying it in an anger state and kept quiet for 6
months. Till today Tippesha has not married her and he
cheated her".
3. The appellant has filed application under Section 438
of Cr.P.C., before the Special Court for the grant of anticipatory
bail and the same was as per order dated 30.08.2025. Being
aggrieved by this order, the appellant has preferred this
appeal.
4. I have examined the materials placed before me. It
is submitted by the appellant counsel that the investigation is
already completed and the charge sheet has been already filed
in this case. The accused is not at all required for further
investigation. It is submitted that 7 witnesses have already
been examined by the trial court, when he was in custody in
the Spl.Case(Pocso) No.61/2024. Further, when the accused
was in judicial custody in Spl.Case(Pocso) No.61/2024, the trial
court has recorded the evidence of prosecution witnesses in the
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presence of the accused. The trial court has not assigned any
proper reasons. The Trial Court has not passed any order as to
the body warrant of this accused in the present case on hand.
Since the trial court has already recorded the evidence of seven
witnesses, when the accused is in judicial custody, the trial
court ought to have assigned proper reasons for rejection of
this bail application.
5. Considering the arguments advanced on behalf of the
appellant, in the peculiar facts and circumstances of the case, I
proceed to pass the following order,
ORDER
The order passed by Special II Additional District and
Sessions Judge, Chitradurga, in Crl.Misc.No.985/2025 dated
30.08.2025 is set aside. Appeal is disposed off with the
following observations.
The appellant is permitted to file application before the
Special Court for regular bail. If such application is filed, the
trial court is directed to dispose of the same on merits of the
case. If the bail application is rejected, then only the trial court
can take the custody of this accused. Till the disposal of the
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regular bail application, Trial Court shall not take the custody of
the accused.
1. Till disposal of the regular bail application to
be filed by the appellant, the appellant shall
not indulge in similar offences strictly;
2. Appellant shall not tamper with the
prosecution witnesses in any manner;
3. Appellant shall not leave the jurisdiction
without prior permission of the trial Court
and
4. Accused shall appear before the trial court
on every date of hearing without fail.
SD/-
(G BASAVARAJA)
JUDGE
AKV
