The Supreme Court of India on Thursday dealt a major legal setback to Karnataka BJP MLA Byrathi Basavaraj by refusing to entertain his anticipatory bail plea in connection with the July 15 murder of realtor Shivaprakash, popularly known as Biklu Shiva.
A bench led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi made strong observations during the hearing. The court remarked that as a public servant, Basavaraj should be “courageous enough” to face trial. The bench also indicated that he is free to seek regular bail after surrendering or being taken into custody, but anticipatory protection was not warranted at this stage.
The ruling follows a similar decision by the Karnataka High Court, which had earlier rejected Basavaraj’s plea for anticipatory bail on February 10. The High Court observed that granting protection could hamper custodial interrogation, particularly in view of the serious nature of the offence and the MLA’s political stature. Interim protection granted earlier was subsequently withdrawn.
With the apex court declining relief, Basavaraj is reportedly returning to Bengaluru after staying in Ahmedabad. A team of Criminal Investigation Department (CID) officials has already reached Kempegowda International Airport and is expected to take him into custody upon arrival. The CID had previously issued a lookout notice to ensure he did not leave the country while the investigation was underway.
Shivaprakash, also known as Biklu Shiva, was shot dead outside his residence in Bengaluru in what investigators believe was linked to a property dispute. Basavaraj has been named as the fifth accused in the FIR registered by city police. Investigators claim that call detail records and other material evidence suggest links between the MLA and key suspects in the case.
During arguments before the Supreme Court, Basavaraj’s counsel maintained that his client had no connection with the prime accused. However, the bench noted allegations of conspiracy and referred to material indicating communication between him and other accused persons.
The Supreme Court clarified that its refusal to grant anticipatory bail does not prevent Basavaraj from filing a regular bail application once he surrenders. For now, however, he faces imminent custody as investigators prepare for questioning.
The case has emerged as a significant political and legal flashpoint in Karnataka. With custodial interrogation now likely, the investigation is expected to intensify in the coming days, and the legal battle surrounding the high-profile murder case appears far from over.