Anticipatory bail granted on parity where co-accused face identical accusations.

The 39 appellants sought anticipatory bail in Crime No. 117/2026 of Basavapatna Police Station, registered for offences under Sections 189(2), 191(2), 126(2), 127, 352, 115(2), 109 read with Section 190 of the Bharatiya Nyaya Sanhita, 2023, and Sections 3(1)(r), 3(1)(s), 3(1)(za) and 3(2)(v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The II Additional District and Sessions Judge, Davanagere, rejected their bail application in Crl. Misc. No. 704/2026 on 1 September 2026.

The appellants appealed under Section 14A(2) of the SC/ST Act. They submitted that this Court had already granted bail to accused Nos. 5 and 41.

Whether the appellants were entitled to anticipatory bail on the ground of parity with accused Nos. 5 and 41.

Whether the Sessions Court’s order rejecting anticipatory bail should be set aside.

The appeal was brought under Section 14A(2) of the SC/ST Act, the provision invoked for the appeal against the Sessions Court’s order.

The Court applied the principle of parity, reasoning that similarly situated accused facing the same accusation may be granted equivalent relief where bail has already been granted to co-accused.

The judgment does not cite any precedent or set out a further statutory test for anticipatory bail.

The Court noted the appellants’ submission that accused Nos. 5 and 41 had already been granted bail and that the accusations against those accused and the appellants were the same.

On that basis, it applied parity and concluded that the appellants should receive bail on equivalent terms.

The judgment does not provide further analysis of the individual allegations or the Sessions Court’s reasons for rejecting bail.

It directed that the appellants be released on bail in the event of arrest in Crime No. 117/2026 upon executing a self-bond of ₹50,000 each with one surety to the satisfaction of the Special Court.

The appellants were also directed not to tamper with or threaten prosecution witnesses, to assist the investigation, and not to indulge in a similar offence; the Registry was directed to communicate the order to the trial Court.