The Karnataka High Court has delivered a significant ruling, dismissing the petitions filed by five individuals accused in the brutal daylight murder of Bengaluru-based realtor Shivaprakash, popularly known as Bikla Shiva. The court upheld the earlier orders of the special court, which had rejected their pleas for default bail and approved an extension for filing the charge-sheet under the stringent Karnataka Control of Organised Crimes Act (KCOCA).
Court Upholds Procedure, Rejects Accused's Arguments
The accused—identified as K Kiran, B Vimalraj, Madan R, Pradeep, and Samuel—had approached the high court challenging two key orders from the trial court dated October 17. They contested the rejection of their default bail plea and the order that extended the time for the Central Investigation Department (CID) to file the charge-sheet by invoking KCOCA provisions.
Their primary argument was that the investigation officer's report was not made available to the special court, depriving it of crucial material needed to decide on the extension. However, Justice S Sunil Dutt Yadav, after a thorough review, found no merit in these submissions. The court noted that the public prosecutor's report, submitted on October 9, clearly detailed the investigation's progress and justified the need for more time beyond the standard 90-day period.
Detailed Timeline and Judicial Scrutiny
Justice Yadav outlined a clear sequence of events that countered the petitioners' claims. The application for extension under Section 22 (2)(b) of KCOCA was filed on October 9. The very next day, the accused in judicial custody were produced via video conference and formally notified, with the requisition copy served to their counsel.
"When the matter was taken up by the special court on October 14, a couple of the accused had even filed their objections, which itself indicates they were duly notified," the judge observed. The court also firmly rejected the contention that the accused needed to be physically present at every hearing during the extension process, stating there is no such legal obligation.
Emphasizing the limits of its jurisdiction under Section 482 of the CrPC, the high court stated it could not sit in appeal over the designated judge's conclusion. "Accordingly, there are no grounds made out for interference with the exercise of such judicial discretion conferred under the statute," Justice Yadav stated while dismissing the petitions.
Background of the Gruesome Crime
The case stems from the shocking murder of 44-year-old Bikla Shiva on July 15. He was hacked to death with lethal weapons just meters away from his house near Ulsoor Lake, in front of a hotel. His mother, Vijayalakshmi, who filed the initial complaint with Bharathinagar police, stated she rushed to the spot upon hearing the commotion and witnessed the gang attacking her son.
The assailants then fled the scene in an SUV and on two-wheelers. Investigations revealed that Shiva, a history-sheeter with 11 prior criminal cases, was likely killed over a property dispute. Among the accused in this high-profile case is BJP MLA Byrathi Basavaraj, adding a significant political dimension to the proceedings.
With the high court's dismissal, the legal path is now clear for the CID to proceed with filing its comprehensive charge-sheet under the organised crime law, paving the way for a trial in the special court.
