Supreme Court refuses ‘pre-arrest bail’ to MLA Byrathi Basavaraj in murder case

NEW DELHI: The Supreme Court on Thursday refused to interfere with the Karnataka High Court order denying anticipatory bail to BJP MLA B A Basavaraj (Byrathi Basavaraj) in the July 2025 murder of Shivaprakash alias Biklu Shiva, a realtor with a criminal record in Bengaluru.

While expressing that an element of conspiracy has been alleged against the accused in the murder case, a bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi suggested that the counsel representing Basavaraja file a plea seeking regular bail after surrendering to the authorities. “Whatever may be the case, you are entitled to get regular bail, not anticipatory”, the court remarked.

During the hearing, Senior Advocate Mukul Rohatgi, appearing for Basavaraj, submitted that his client has no connection to the said murder and he is being targeted as a suspect by virtue of being an MLA. “I’m an MLA. By virtue of being an MLA, I’m under suspicion. I was not there. It is a property dispute. I have no concern — it’s not even in my constituency. No material on record to suggest that I am involved”, the senior lawyer argued.

The court, however, stated that an element of criminal conspiracy has been alleged against the petitioner in the case and that all land-grabbers are connected to or protected by politicians. “Element of conspiracy is alleged against you.. Land-grabbers all have political protection”, the court remarked.

Rohatgi submitted that the dispute pertained to a small parcel of land. “The plot is 1300 square feet. Being a four-time MLA, why will I have any interest in it?” he said.

He also contended that the deceased had entered the disputed property claiming rights through a General Power of Attorney (GPA). “The deceased goes to the place where two groups are fighting over the property. He puts GPA, saying I’m the GPA owner”, Rohatgi said.

Referring to the case records, the Bench noted, “He (the deceased) is gunned down in front of his mother. Now, the call records show you (Basavaraj) are in touch with Jagadish, who used the gun and then fled to Sri Lanka”. Rohatgi denied any connection between his client and the prime accused. “He does not even know Jagdish,” he said.

The Court, however, was of the view that the factual position of the case, whatever it may be – “correct and incorrect” is a matter of investigation. “The plea is withdrawn with liberty to seek regular bail once he surrenders. Whatever may be the case, you are entitled to get regular bail, not anticipatory”, the court said.

The Karnataka High Court had on February 10 rejected Basavaraj’s plea seeking anticipatory bail. Subsequently, the BJP leader approached the Supreme Court seeking the same relief.

The case pertains to the brutal murder of a 40-year-old man named Shivaprakash, also known as Bikla Shiva, which took place on July 16 last year, in Bengaluru. The victim, who is a realtor with a criminal record, was murdered near his home close to Halasur Lake in the east division of Bengaluru, as per the police.

According to the police, the incident happened when Shivaprakash was standing outside his house. A group of men arrived in a car and attacked him with sharp weapons, killing him on the spot.

Ramesh Banoth, Joint Commissioner of Police, East Division, Bengaluru, said, “Shiv Prakash was 40 years old, and there was a history of crimes against him. He was also a history-sheeter. As per preliminary information, we came to know that a few people in the car came and totally murdered him”.

Subsequently, a chargesheet was filed against the accused persons, including Basavaraja who is alleged to have conspired in the murder. (ANI)