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Karnataka High Court
Sri. Thippesha. R vs The State Of Karnataka on 29 January, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:5089
CRL.P No. 17690 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 17690 OF 2025
[(439(Cr.PC) / 483(BNSS)]
BETWEEN:
SRI. THIPPESHA R.
S/O RAMANNA,
AGED ABOUT 24 YEARS,
R/AT: CHIKKERAHALLI VILLAGE,
MOLAKALMURU TALUK,
CHITRADURGA DISTRICT - 577 535.
...PETITIONER
(BY SRI. K.B.K. SWAMY, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH RAMPURA POLICE STATION,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
Digitally signed by BENGALURU - 560 001.
LAKSHMINARAYANA
MURTHY RAJASHRI
Location: HIGH
COURT OF 2. SMT. UMADEVI
KARNATAKA W/O HULESHA,
AGED ABOUT 34 YEARS
R/AT: CHIKKERAHALLI VILLAGE,
MOLAKALMURU TALUK,
CHITRADURGA DISTRICT - 577 535.
...RESPONDENTS
(BY SRI HARISH GANAPATHY, HCGP FOR R1;
R2 - SERVED BUT UNREPRESENTED)
THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED
UNDER SECTION 483 BNSS) PRAYING TO GRANT REGULAR
-2-
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CRL.P No. 17690 of 2025
HC-KAR
BAIL IN SPL.C NO.54/2025 IN CONNECTION WITH CRIME
NO.06/2025, REGISTERED BY THE RAMPURA POLICE STATION,
CHITRADURGA DISTRICT FOR OFFENCES PUNISHABLE UNDER
SECTIONS 137(2), 64(2)(m) AND 65(1) OF THE BHARATIYA
NYAYA SANHITA, 2023 AND UNDER SECTIONS 4 AND 6 OF THE
POCSO ACT, 2012 PENDING ON THE FILE OF II ADDITIONAL
DISTRICT AND SESSIONS JUDGE AT CHITRADURGA.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by sole accused under Section
483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying
to grant bail in Spl.C.No.54/2025 (Crime No.6/2025 of
Rampura Police Station, Chitradurga) pending on the file
of II Additional District and Sessions Judge, Chitradurga,
registered for offences punishable under Sections 137(2),
64(2)(m) and 65(1) of Bharatiya Nyaya Sanhita, 2023 and
under Sections 4 and 6 of Protection of Children from
Sexual Offences Act, 2012.
2. Heard learned counsel for petitioner and
learned High Court Government Pleader for respondent
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HC-KAR
No.1 - State. Inspite of service of notice, respondent No.2
remained absent and unrepresented.
3. Learned counsel for petitioner would contend
that, there was love affair between the petitioner and the
victim girl. The fact that the victim girl went on the bike of
the petitioner itself indicates that she voluntarily went
along with him. The victim girl in her statement recorded
under Section 183 of BNSS has stated that she is having
love affair with the petitioner and so also in the history
given before the doctor at the time of examination. The
victim girl has already been examined and therefore, there
is no question of any threat to the victim girl. As the
charge sheet is filed, the petitioner is not required for
custodial interrogation. With these, he prayed to allow the
petition.
4. Per contra, learned High Court Government
Pleader for respondent No.1 - State would contend that,
the victim girl is aged fifteen (15) years. The consent of
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HC-KAR
the victim girl is not consent for offences under the POCSO
Act. The charge sheet materials show that, there is a
prima-facie case against the petitioner for offences alleged
against him. With these, he prayed for dismissal of the
petition.
5. Having heard the learned counsels appearing
for parties, the Court has perused the charge sheet and
other materials placed on record.
6. The case of the prosecution is that, the
petitioner took the victim girl on his motorcycle and stayed
with her in the house of C.W.20 and C.W.21 on
20.01.2025, in the house of C.W.16 and C.W.17 from
21.01.2025 for five (5) days and had a sexual intercourse.
The petitioner again took her to the house of C.W.18 and
C.W.19 on 26.01.2025 and had sexual intercourse on her.
The victim girl is aged fifteen (15) years as on the date of
alleged offence and she was studying in X Std. The victim
girl in her statement recorded under Section 183 of BNSS
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HC-KAR
has stated that she is having love affair with the
petitioner. The victim girl has also stated in the history
before the doctor that she used to like the petitioner since
one year. The victim girl is of the age of understanding the
consequences of her acts. As the charge sheet is filed, the
petitioner is not required for further custodial
interrogation. The victim girl and the complainant have
already been examined. In the cross-examination, the
victim girl has stated that she had love affair with the
petitioner. There are no criminal antecedents of the
petitioner.
7. Considering all the above aspects, the petitioner
has made out a case for grant of bail with conditions. In
the result, the following;
ORDER
The Criminal Petition is allowed. The petitioner is
granted bail in Spl.C.No.54/2025 (Crime No.6/2025 of
Rampura Police Station, Chitradurga) pending on the file
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HC-KAR
of II Additional District and Sessions Judge, Chitradurga,
subject to following conditions:
i) The petitioner shall execute a personal
bond for a sum of Rs.1,00,000/- (Rupees
One Lakh only) with one surety for the
like-sum to the satisfaction of the trial
Court.
ii) The petitioner shall not tamper the
prosecution witnesses either directly or
indirectly.
iii) The petitioner shall appear before the trial
Court on all dates of hearing unless
exempted by the Court and cooperate for
speedy disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
KLV
List No.: 1 Sl No.: 20
