Defacing Ambedkar Portrait With Cow Dung: Karnataka HC Grants Bail Under SC/ST Act [Read Judgment]

Bengaluru: The Karnataka High Court has granted bail to two persons accused of defiling the portrait of Dr. B.R. Ambedkar with cow dung at Hosakote, noting that the appellants have been in judicial custody since 28.04.2026.

Justice S. Rachaiah was hearing a criminal appeal filed by M. Ajay Kumar and Madhu, arrayed as accused Nos. 1 and 2, under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015, challenging the order dated 14.05.2026 passed by the II Additional District and Sessions Judge, Bengaluru Rural District, rejecting their regular bail application in Crime No. 91/2026 registered by Hosakote Police Station, Bengaluru Rural District.

The appellants, residents of Chikkathaggalli Village in Jadigenahalli Hobli, Hoskote Taluk, had approached the High Court after the Sessions Court declined to enlarge them on bail, leaving them in custody while investigation into the alleged offence continued.

The case of the prosecution was that accused No.1 is the son of accused No.3, while accused No.2 is his nephew, and that all the accused belong to the Reddy community. It was alleged that they had defaced the portrait of Dr. B.R. Ambedkar with cow dung, giving rise to an offence punishable under Section 3(1)(t) of the SC/ST (Prevention of Atrocities) Act, 1989 and Section 298 of the Bharatiya Nyaya Sanhita, 2023. The complaint was initially registered against unknown persons, and the appellants were traced during the course of investigation, which remained in progress with their statements recorded by the police.

Counsel for the appellants submitted that the accused were innocent, that none of the witnesses had actually seen the incident, and that the case arose out of enmity between the complainant and the appellants over petty issues, including a property dispute concerning land allotted to the wife of respondent No.2. It was further submitted that accused No.3, being an elected member of the Gram Panchayat, had questioned the construction of a shed in an area earmarked for villagers to dispose of debris. Counsel added that the appellants, in judicial custody since 28.04.2026, were earning members of their families willing to abide by any bail conditions imposed.

Opposing the appeal, the learned High Court Government Pleader for the State submitted that the appellants had committed a heinous offence against the portrait of Dr. B.R. Ambedkar, described as the “Father of Constitution of India,” and that defacing such a portrait was an offence not merely against an individual but against the nation, warranting dismissal of the appeal.

On perusal of the complaint, the case diary and the recorded statement of an eyewitness, the Court noted that the statement indicated the appellants and accused No.3 had defaced the portrait by throwing cow dung, and that the witness had identified them, though disclosure was delayed as he was travelling to Bangalore. The complainant's own statement corroborated the allegation that the portrait had been defaced with cow dung.

Notwithstanding this material, the Court held that, having regard to the gravity and nature of the offence and the fact that the appellants had already been in judicial custody since 28.04.2026, it was appropriate to grant them bail subject to suitable conditions safeguarding the interests of the prosecution.

Accordingly, the Court allowed the appeal, set aside the impugned order of the Sessions Court, and directed that the appellants be enlarged on bail on executing a personal bond of Rs. 1,00,000 each with one surety each, subject to conditions including that they shall not threaten prosecution witnesses, shall appear before the Trial Court on all dates of hearing, shall not hamper proceedings, shall not leave the jurisdiction of the Court till disposal of the case, and shall not involve themselves in any other criminal case till the present case is disposed of.

Appearances: Sri Ganesh G.G., Advocate, appeared for the appellants. Sri M.V. Anoop Kumar, HCGP, appeared for respondent No.1 - State.

Case Title: M. Ajay Kumar and Another versus State by Hosakote Police and Another

[Read Judgment]