Court imposes stringent conditions for bail, ensuring non-interference with prosecution and adherence to trial proceedings.
In a significant development, the Karnataka High Court has granted bail to the accused in the controversial case involving the defacement of a portrait of Dr. B.R. Ambedkar. The accused, M. Ajay Kumar and others, had been in judicial custody since April 28, 2026. The case had drawn widespread attention due to the involvement of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and the Bharatiya Nyaya Sanhita, 2023.
The allegations against the accused stem from an incident where Dr. Ambedkar's portrait was defaced with cow dung, an act that incited public outrage. The accused, belonging to the Reddy community, were initially unidentified, but were later traced by the police during the investigation. The prosecution argued that the act was not merely a crime against an individual but an affront to the nation, given Dr. Ambedkar's pivotal role in framing the Indian Constitution.
Despite the gravity of the offence, Justice S. Rachaiah allowed the bail appeal, overturning the order of the II Additional District and Sessions Judge, Bengaluru Rural District. The High Court emphasized the appellants' prolonged judicial custody and the nature of the offence while deciding in favor of bail. However, the court imposed strict conditions to mitigate any potential interference with the judicial process.
The conditions stipulated by the court for the bail include the execution of a personal bond of Rs.1,00,000 each, with a surety of the same amount. The appellants are prohibited from threatening prosecution witnesses, must attend all trial hearings, and are restricted from leaving the court's jurisdiction until the case is resolved. Additionally, they are warned against engaging in any other criminal activities.
The appellants' counsel, Ganesh G.G., argued that the incident was a result of a personal vendetta related to a property dispute and emphasized their clients' innocence. The High Court Government Pleader, M.V. Anoop Kumar, strongly opposed the bail, underscoring the seriousness of the offence against a national icon.
The court's decision to grant bail, albeit with stringent conditions, reflects a balance between the rights of the accused and the need to uphold justice in cases involving national sentiments and community relations.
Bottom line:-
Bail granted to accused under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Bharatiya Nyaya Sanhita, 2023, after judicial custody since 28.04.2026, subject to stringent conditions ensuring non-interference with the prosecution and adherence to court proceedings.
Statutory provision(s): Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Section 3(1)(t), Bharatiya Nyaya Sanhita, 2023 Section 298
M. Ajay Kumar v. State, (Karnataka) : Law Finder Doc id # 2935773
