'Blue Shawl' Remark: Bengaluru Special Court Grants Anticipatory Bail to Former MP Prathap Simha in SC/ST Act Case
Bengaluru, October 8, 2026: A Bengaluru Special Court has granted anticipatory bail to former Mysuru Member of Parliament Prathap Simha in connection with two FIRs arising from alleged caste-related remarks made during a Ganesha Visarjan procession. The court held that the essential ingredients of offences under Sections 3(1)(r) and 3(1)(u) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, were not prima facie disclosed.
Judge Shivaprasad K.B., 82nd Additional City Civil and Sessions Judge, allowed Simha's anticipatory bail petition subject to conditions. The court examined the allegations, the video recording of the speech and the applicable legal principles while assessing whether the statutory offences were prima facie made out.
Background of the Case
The case arises from a speech allegedly delivered by Simha during a Ganesha Visarjan procession. According to the complaint, he made remarks concerning individuals and activists wearing blue shawls, a symbol associated with Dalit organisations and movements. The complaint alleged that his comments insulted Dalit activists and office-bearers, including references to their participation in protests and Dr. B.R. Ambedkar.
One FIR was registered by T. Narasipura Police in connection with the alleged remarks about the blue shawl. A separate FIR reportedly concerned alleged caste-related remarks directed at a police inspector in public view. The allegations remain subject to adjudication.
Court's Prima Facie Assessment
While considering the bail petition, the court examined the video recording of the speech produced during the investigation. It observed that the remarks appeared to be directed at particular workers and office-bearers associated with an organisation rather than at the Scheduled Caste community as a whole.
The court relied on legal precedents recognising that every insult or intimidation does not automatically constitute an offence under the SC/ST Act. For the relevant provisions to apply, the statutory requirements concerning caste-based insult or intimidation, or the promotion of feelings of enmity against members of Scheduled Castes or Scheduled Tribes, must be satisfied.
On its preliminary assessment, the court found that the essential ingredients of offences under Sections 3(1)(r) and 3(1)(u) of the Act were not prima facie disclosed in the material considered for the bail application.
Other Alleged Offences
The court also considered the provisions invoked under the Bharatiya Nyaya Sanhita, 2023 (BNS). The prosecution had submitted a requisition seeking the removal of Section 356, which the court took note of. The court further observed that the offence under Section 352 was bailable.
Decision
Concluding that a prima facie case for the alleged non-bailable offences had not been established for the purpose of the application, the court granted anticipatory bail subject to conditions.
The order concerns pre-arrest protection and should not be treated as a final determination of the allegations. The court's observations at this stage do not amount to a final finding on Simha's guilt or innocence.
Case title: Sri Prathap Simha v. State of Karnataka & Anr.
Case number: Crl. Misc. No. 9895/2026
Court: 82nd Additional City Civil and Sessions Judge, Bengaluru
Judge: Shivaprasad K.B.
Source: LiveLaw, October 8, 2026.