Karnataka High Court Extends Stay on Coercive Action Against BJP MLA Byrathi Basavaraj

The Karnataka High Court has extended interim protection against arrest for BJP MLA Byrathi Basavaraj, who is accused in the murder of real estate operator V G Shivaprakash in Bengaluru. The court's decision comes as the Karnataka CID seeks to vacate the stay to facilitate further investigations.

Karnataka High CourtByrathi BasavarajBjp MlaMurder CaseKcocaReal Estate NewsOct 09, 2025

Karnataka High Court Extends Stay on Coercive Action Against BJP MLA Byrathi Basavaraj

Real Estate News:The Karnataka High Court has extended an order of interim protection against arrest granted earlier in August to BJP MLA Byrathi Basavaraj, who is accused in a case of murder involving a real estate operator in Bengaluru. The single-judge bench of the high court extended the interim protection order after the Karnataka CID moved an application to vacate the August 13 order to facilitate investigations of the MLA's role in the July 15 murder.

The High Court, however, indicated that it would take up the MLA's plea for quashing the FIR against him in its entirety when the case is taken up again on October 23, not just with reference to the interim order against arrest. “The CID has filed an IA 2 of 2025 for vacating stay. Noticing that hearing of application for vacating stay would have the effect of hearing the petition on its merits. Post for hearing of the main petition itself,” the HC ruled on Thursday.

The CID moved the application for the vacation of the stay on coercive action against Byrathi Basavaraj, stating that the MLA has provided false statements during the probe of the murder case and that his custodial interrogation was necessary for the investigation. The CID police moved an application in the high court last month for the removal of a stay order imposed on “coercive action” against Byrathi Basavaraj, 63, who has been named in the murder of a real estate operator that occurred on a public street in east Bengaluru on July 15. Several of the MLA’s associates are accused of the murder.

The BJP MLA was named by the Bengaluru police as accused number five in the FIR for the July 15 murder of real estate operator V G Shivaprakash alias Bikla Shiva, 44, outside his house near the Ulsoor Lake in east Bengaluru. As many as 17 persons have been arrested for the murder, including the MLA’s close associate Jagadish alias Jaga, 45. The Karnataka High Court, however, granted protection against arrest to Byrathi Basavaraj on August 13 while asking the MLA to cooperate with the investigations and allowing the police to seek modification of the order “if the need arises”.

On Thursday, during the hearing of the case, Senior Counsel Sandesh Chouta, who appeared for the MLA, argued that there was a “political vendetta” involved in the case and claimed that the MLA was being targeted. The senior counsel argued that the police had invoked the stringent Karnataka Control of Organised Crime Act, 2000, in the case, which would mean that the MLA would not have the option of seeking anticipatory bail against arrest.

“If for any reason this protection order is disturbed then I will be left in a position of not being able to approach seeking anticipatory bail because of the events that have transpired (invoking of KCOCA),” the senior counsel argued. “The main aspect which we are highlighting in this matter is political vendetta where a three-time MLA has been made an accused (accused number 5) on the basis of suspicion – this is how this case has started,” the counsel said, adding that “it is not a simple matter to invoke KCOCA against a sitting MLA.”

Additional Special Public Prosecutor (SPP) B N Jagadeesh argued that the custodial interrogation of the MLA is warranted as he had been evasive during investigations. “The investigation is under progress. They have assured that they will cooperate with the investigation. They were summoned when the investigation was with the local police, and he has given a statement. Investigation was transferred to CID and now CID is looking at the matter and has found that he has made a false statement. This means that he has not cooperated with the investigation,” the additional SPP argued.

The prosecutor told the court that the main accused in the murder case had fled the country soon after the murder and was deported to India from Bangkok via Colombo on the basis of an Interpol Blue Corner notice, while an associate who was with him in Bangkok had gone missing with his electronic devices. While the MLA Byrathi Basavaraj has claimed to have limited association with the key accused in the murder case, the police probe has found that he was closely associated.

The additional SPP argued that the HC could quash the case against the MLA in the event of a lack of evidence in the investigations against the MLA in the KCOCA case. “If the court is not convinced about the evidence that is presented, then HC can quash the case against the accused,” he said.

Justice Sunil Dutt Yadav observed that the autonomy of investigating authorities must be respected. This was after the senior counsel for the MLA suggested he would seek a probe by an independent agency. “There must be integrity of all institutions. We should see that the institutions do their job. Both are police authorities. We are in a system where everyone says we do not want this and we want that and then we do not want this and we want that,” the judge observed.

“Where does the line stop? All the investigating agencies are being discredited by whoever it is across the board. We must make the institutions work – whoever it is,” the judge said.

On September 24, a special court for cases involving elected representatives rejected the bail plea of six persons accused in the Bikla Shiva murder case – 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”. The special court also rejected the plea of some of the accused persons that the provisions of the KCOCA, 2000, were wrongly invoked against them since they were not accused of multiple organised crimes.

The court pointed out that the involvement of one of the accused in organised crimes where charge sheets are filed and taken cognisance by the courts is sufficient to bring all other accused in a case under the purview of KCOCA. “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 police have stated in the special court that the murder had its origins in a property dispute dating back to February 2025, when a claimant to a property contacted accused No. 2 Kiran K, stating that the murder victim Bikla Shiva had illegally built a compound wall on sites belonging to the claimant. The claimant alleged that Bikla Shiva was verbally abusing the accused No. 1 Jaga. After a series of confrontations between the gang of Jaga and Bikla Shiva for dominance in the region, the murder of Bikla Shiva was plotted by the Jaga gang, it is alleged.

Frequently Asked Questions

What is the current status of the case against BJP MLA Byrathi Basavaraj?

The Karnataka High Court has extended interim protection against arrest for BJP MLA Byrathi Basavaraj, who is accused in the murder of a real estate operator in Bengaluru. The case is set to be heard again on October 23.

Why did the Karnataka CID move to vacate the stay on coercive action against Byrathi Basavaraj?

The Karnataka CID moved to vacate the stay on coercive action against Byrathi Basavaraj, alleging that he provided false statements during the investigation and that his custodial interrogation is necessary for the probe.

What is the main argument presented by the MLA's counsel?

The MLA's counsel argued that there is a ‘political vendetta’ involved in the case and that the MLA is being targeted. They also pointed out that the invoking of the Karnataka Control of Organised Crime Act (KCOCA) would prevent the MLA from seeking anticipatory bail.

What did the special court decide regarding the bail pleas of the accused in the Bikla Shiva murder case?

The special court rejected the bail pleas of six persons accused in the Bikla Shiva murder case, stating that the murder prima facie involved a ‘threat to public order’. The court also rejected the plea that the provisions of the KCOCA were wrongly invoked.

What is the origin of the dispute that led to the murder of Bikla Shiva?

The murder of Bikla Shiva is alleged to have its origins in a property dispute dating back to February 2025, where Bikla Shiva was accused of illegally building a compound wall on sites belonging to a claimant. This led to a series of confrontations and ultimately the murder plot by the Jaga gang.