The Karnataka police have moved an application in the state high court for vacating a stay order it imposed on “coercive action” against BJP MLA Byrathi Basavaraj, 63, who has been named as an accused in the brutal murder of a realtor on July 15.
The police have filed the application citing the alleged non-cooperation of Basavaraj, the MLA from K R Puram in Bengaluru, in the investigation in which several of his associates have been arrested.
The BJP MLA was named by the Bengaluru police as accused number five in the First Information Report (FIR) for the murder of real estate operator V G Shivaprakash alias Bikla Shiva, 44, on a public street outside his house near the Ulsoor Lake in East Bengaluru.
According to the FIR registered on the basis of a complaint by the victim’s mother, the murder was linked to an ongoing dispute between Bikla Shiva and the MLA’s associates over a property in the Kithaganur area of east Bengaluru which was being claimed by two groups.
As many as 17 people have been arrested for the murder, including a close associate of the MLA. The Karnataka High Court, however, granted protection against arrest to Basavaraj on August 13, while asking him to cooperate with the investigation and allowing the state police to seek modification of the order “if the need arises”.
On Wednesday, following the police application for vacating the stay on coercive action against the legislator, the high court adjourned the matter to October 8 for a response from the MLA’s side.
Special court rejects bail pleas of 6 accused
Meanwhile, a special court for cases involving elected representatives, rejected the bail plea of six people accused in the Bikla Shiva murder case, including Madhan R, 28, Pradeep K, 28, Auto Shiva, 35, Manoj K, 35, Arun Kumar, 33, and Naveen Kumar, 35, on the grounds that the murder, prima facie, involved a “threat to public order”.
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“However, if a person in public space and in the presence of people creates a ruckus by his behaviour and continues with such activities, in a manner to create a terror in the minds of the public at large, the same would amount to a threat to a public order,” the special court observed in its order on Wednesday while citing earlier orders of the Supreme Court.
The special court also rejected the plea by some of the accused that the provisions of the Karnataka Control of Organized Crime Act (KCOCA), 2000 was wrongly invoked against them since they were not accused in multiple organised crimes.
The court pointed out that the involvement of one of the accused in organised crimes where chargesheets are filed and taken cognizance by the courts is sufficient to bring all the others accused in a case under the purview of KCOCA.
“For instance, accused No.7 Madhan was involved in a case wherein he was alleged to have committed an offence punishable with more than 3 years and also under Sec.25(1)(B)(b) of Indian Arms Act. Though it is argued at bar that the other petitioners/accused persons were not involved in other criminal activities, it would be relevant to note that if a person becomes a member of an organized crime syndicate, the same would suffice,” the court said.
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“That apart, in the instant case, accused No.1 Jagadeesh @ Jagga, accused No.2 Kiran, accused No.3 Vimal Raj, accused No.18 Patrick, accused No.19 Kiran are having several criminal cases pending against them,” the court has pointed out.
“It is the settled principle of law that when a person joins an organised crime syndicate and they go on recruiting other persons into their syndicate for commission of organised crime, the same would suffice to invoke the provision of KCOCA, irrespective of the fact that it was the first criminal case being registered against a particular accused,” the court said.
The court observed that the allegations in the Bikla Shiva murder are grave in nature and the grant of bail would not be applicable on the grounds of long incarceration of the accused.
The “criteria of admitting a person to bail due to a long period of incarceration cannot be made applicable to the facts and circumstance of the case since a grave allegation of committing the murder is levelled against the present accused persons,” the court observed.
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Dispute began in February
The police informed the court that the murder had its origins in dispute dating back to February 2025 when a claimant to a property, identified as Ravi, contacted accused No.2 Kiran K stating that Bikla Shiva had illegally built a compound wall for four 30 x 40 sites belonging to the claimant.
The claimant alleged that Bikla Shiva was verbally abusing accused No.1 Jagadeesh alias Jaga, a local gangster closely associated with MLA Byrathi Basavaraj. Jaga’s gang allegedly plotted Shiva’s murder after a series of confrontations for dominance in the region.
Jaga, 45, the gang leader who fled from India to Dubai soon after the murder, was nabbed in Jakarta by the Interpol on the basis of a Blue Corner Notice issued at the instance of the Karnataka Criminal Investigation Department (CID) police and was brought back to India and arrested on August 26.