In a criminal prosecution, bail should be granted if the charge sheet and evidence fail to attribute any specific overt act to the accused, particularly when similarly situated co-accused have already been granted bail by the court, satisfying the principle of parity.

IN CRL.A No. 202/2026

BETWEEN:

SHASHIKUMAR. K. M. @ SHASHI

S/O. MUNIYAPPA,

AGED ABOUT 27 YEARS,

R/AT. KANAGALA VILLAGE,

TEKAL HOBLI, MALUR TALUK,

KOLAR DISTRICT.

…APPELLANT

(BY SRI. K VISHWANATHA.,ADVOCATE)

AND:

1. THE STATE OF KARNATAKA BY

MASTHI POLICE STATION,

KOLAR DISTRICT.

REPRESENTED BY

STATE PUBLIC PROSECUTOR,

HIGH COURT COMPLEX,

BENGALURU-560 001.

2. SRI. DINESH KUMAR. B,

S/O. BABU. K.V,

AGED ABOUT 26 YEARS,

R/AT. TEKAL VILLAGE,

MALUR TALUK, KOLAR DISTRICT.

…RESPONDENTS

(BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1;

R2 IS SERVED AND UNREPRESENTED)

THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT PRAYING TO SET ASIDE THE ORDER PASSED BY THE HONBLE II ADDL. DISTRICT AND SESSIONS JUDGE, AT KOLAR IN SPL.SC.NO.19/2025 DATED 26.12.2025 AND ENLARGE THE APPELLANT ON BAIL IN SPL.SC.NO.19/2025 ARISING OUT OF CR.NO.130/2025 OF MASTHI P.S., FOR THE OFFENCES P/U/S 103(1),109(1),190,238 OF BNS, 2023, U/S 3(2)(v) OF SC/ST (POA) ACT, PENDING ON THE FILE OF THE II ADDL. DISTRICT AND SESSIONS JUDGE, AT KOLAR.

IN CRL.A NO. 128/2026

BETWEEN:

MR. VINAY S B

S/O BEERESH

AGED ABOUT 19 YEARS

R/AT KANAGALA VILLAGE,

TEKAL HOBLI, MALUR TALUK,

KOLAR DISTRICT-563 130.

...APPELLANT

(BY SRI. THILAKRAJ S.V..,ADVOCATE)

AND:

1. STATE OF KARNATAKA

BY MASTHI. P.S, KOLAR.

REP. BY STATE PUBLIC PROSECUTOR

HIGH COURT BUILDING

BANGALORE-560 001.

2. MR. DINESH KUMAR B

S/O BABU. K. V

AGED ABOUT 26 YEARS

TEKAL HOBLI, MALUR TALUK,

KOLAR DISTRICT-563 130.

...RESPONDENTS

(BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1;

R2 IS SERVED AND UNREPRESENTED)

THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED II ADDL. DISTRICT AND SESSIONS JUDGE, AT KOLAR DTD 26.12.2025 IN SPL.SC.BNS AND SC/ST NO.19/2025 AND ENLARGE THE APPELLANT ON BAIL IN CR.NO.130/2025 REGISTERED BY THE MASTHI P.S., KOLAR, FOR THE OFFENCES P/U/S 103(1),109(1),238 R/W 190 OF BNS, 2023, U/S 3(2)(v) OF SC/ST (POA) ACT, 1989, PENDING ON THE FILE OF THE LEARNED II ADDL. DISTRICT AND SESSIONS JUDGE, AT KOLAR IN SPL.SC.NO.19/2025.

THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL JUDGMENT

1. Criminal Appeal in Crl.A.No.202/2026 is filed by the accused No.2 and Criminal Appeal in Crl.A.No.128/2026 is filed by accused No.6 in Crime No.130/2025, registered by the Masti Police Station, Kolar for the offences punishable under Sections 103(1), 109(1), 238 R/w Section 190 of BNS and Section 3(2)(v) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Amendment Act, 2015 (‘SC & ST (POA) Act’ for short), being aggrieved by the order dated 26.12.2025 passed in Spl.S.C.BNS and SC/ST.No.19/2025 on the file of II Additional District and Sessions Judge, Kolar (hereinafter referred to as 'the Trial Court'), by which the trial Court had rejected the applications filed by them under Section 483 of BNSS.

2. Case of the prosecution is that a complaint dated 07.08.2025 came to be filed by one Dinesh Kumar alleging that he had received information from his friend one Srikanth at 09.30 p.m. stating that some person had assaulted his brother Rakesh, and causing injuries on his head and accordingly when the complainant was proceeding towards the spot, he learnt that someone had carried his brother in an ambulance to Jalappa Hospital, as such he went to Jalappa Hospital. He was informed at the hospital that his brother Rakesh had succumbed to the injuries on the way to the hospital. At that time one Karthik-CW.5 of his village also came to said hospital with injuries all over his body. Upon enquiry, the said Karthik-CW.5 had informed him that when deceased Rakesh and said Karthik-CW.5 had gone to the