01Facts
The appellant challenged the Sessions Court’s order rejecting his bail application in Special Case No. 73/2026
p. 2The prosecution alleged that, between the night of 1 March and the morning of 2 March 2026, he tied footwear to photographs of Dr. B.R. Ambedkar and Babu Jagjivan Ram in Gulaguli village, intending to cause communal disturbance
p. 2A case was registered under Sections 196(1)(a), 352 and 353(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS), and Section 3(1)(t) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
pp. 2–3Arrested on 3 March 2026, the appellant had remained in judicial custody for approximately six months; the charge sheet had been filed, and the appellant was stated to have no criminal antecedents.
pp. 3–5The State opposed release, citing the alleged offence and the risk of similar conduct.
p. 402Issues
i.1. Whether the appellant should be released on bail, notwithstanding the rejection of his application by the Sessions Court, in light of the completed investigation, his period in custody and the absence of criminal antecedents.
pp. 2, 5–6ii.2. Whether the State’s objection that release could lead to similar offences warranted continued detention.
p. 403Law Applied
The appeal was brought under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, which provides the appellate route invoked to challenge the Sessions Court’s order.
pp. 1–2The alleged offences were under Sections 196(1)(a), 352 and 353(2) of the BNS and Section 3(1)(t) of the SC/ST Act.
pp. 2–3The Court relied on the case-specific bail considerations that the charge sheet had been filed, custodial interrogation was no longer required, the appellant had spent about six months in judicial custody, and he had no criminal antecedents.
p. 6No precedent or broader bail test was cited.
Provisions in the judgment · 4 · Linked ones open on LawLens
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 Section 3
Bharatiya Nyaya Sanhita, 2023 Section 196Section 352Section 353
04Reasoning
The Court considered the seriousness of the allegations and the State’s concern that the appellant might commit similar offences, but found that the investigation was complete and the charge sheet filed, so further custodial interrogation was unnecessary.
pp. 4–6It also weighed the appellant’s approximately six months in custody and lack of criminal antecedents, and concluded that those circumstances justified release on bail.
p. 6The Court addressed the risks of release through conditions restricting travel, prohibiting witness tampering or threats, and requiring attendance before the Investigating Officer or Court and regular attendance at trial.
pp. 6–705Holding
The Court allowed the appeal and ordered the appellant’s release on bail in Special Case No. 73/2026.
p. 6Bail was subject to a personal bond of ₹1,00,000 with one surety for the like sum, restrictions on leaving the trial court’s jurisdiction without permission, non-interference with prosecution witnesses, compliance with directions to appear, and regular attendance at trial; breach could result in an application for cancellation of bail.
pp. 6–7Original Court PDF
ASHOK S/O. BHIMAPPA RANGAPUR,vsSTATE OF KARNATAKA
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