Karnataka HC Grants Bail To Two Accused In SC/ST Act Case, Citing Co-Accused’s Bail And Dropped Murder Charge

The appellants, accused Nos. 2 and 3, were arrested on 23 December 2025 in Crime No. 999/2025 of Madanayakanahalli Police Station.

The charge sheet alleged offences under Sections 105, 115(2), 118(1) and (2), 127(2), and 238 read with Sections 3(5), 3(6) and 3(7) of the Bharatiya Nyaya Sanhita, 2023 (BNS), and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act, 1989; the investigating officer had dropped the originally registered offences under Sections 103(1) and 127(3) BNS

After the Special Court dismissed their bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the appellants appealed under Section 14A(2) of the SC/ST Act.

They relied on bail granted to other accused in connected appeals; the respondents did not dispute that those accused had been granted bail.

Section 483 BNSS provides the basis for the bail application considered by the Court, while Section 14A(2) of the SC/ST Act provided the appellate route against the Special Court’s order.

The Court noted that the charged offence under Section 105 BNS is punishable with imprisonment of either description for a term that may extend to ten years, and with fine.

In deciding the appeal, the Court considered the nature and gravity of the offence, the appellants’ prior antecedents, and the fact that other accused had been granted bail.

The Court considered the charge sheet and noted that the investigation had resulted in charges under Section 105 BNS, among other provisions, rather than the originally registered offences under Sections 103(1) and 127(3) BNS.

In assessing bail, it weighed the nature and gravity of the alleged offence and the appellants’ prior antecedents against the fact that other accused had already been granted bail; the respondents did not dispute that circumstance.

On that basis, the Court allowed the appeal.

It ordered their release on a self-bond of ₹1,00,000 each, with one surety for the like sum, subject to conditions that they not tamper with or threaten prosecution witnesses and appear before the trial Court on all hearing dates.