In a significant development, the Bengaluru High Court has granted conditional interim anticipatory bail to Bharatiya Janata Party (BJP) legislator BA Basavaraja. The MLA, representing the KR Pura constituency, is an accused in the high-profile murder case of Shivaprakash, also known as Bikla Shivu.
Court's Rationale and Bail Conditions
A vacation bench presided over by Justice G. Basavaraja issued the order after hearing arguments from the MLA's counsel, senior advocate Sandesh Chouta. The judge noted a critical delay in the investigation. The petitioner had appeared before the investigating officer in July following a notice, but even after more than five months, no chargesheet had been filed. The court found no proper justification provided for this prolonged delay.
Justice Basavaraja referenced Supreme Court judgments, stating that since the petitioner had been granted protection from arrest by a coordinate bench in July, which remained effective until December 19, it was just to grant ad-interim anticipatory bail until the main petition is disposed of.
The bail comes with stringent conditions. Basavaraja must secure his release with a self-bond of Rs 5 lakh and provide two sureties for a similar amount, to the satisfaction of the investigation officer. He has been directed to fully cooperate with the ongoing investigation and is strictly prohibited from tampering with witnesses in any manner. The court has scheduled the hearing for the main anticipatory bail petition for January 6, 2026, to consider objections from the Criminal Investigation Department (CID).
Legal Journey and Petitioner's Defence
The legal path to this bail order has been complex. Advocate Chouta informed the court that interim protection from arrest was initially granted in July and continued until December 19. On that day, a coordinate bench quashed the order invoking the stringent Karnataka Control of Organised Crime Act (KCOCA) against the MLA but declined to grant anticipatory bail. Subsequently, an anticipatory bail plea filed before a special court on December 20 was rejected on December 23. The current petition, seeking anticipatory bail along with an interim relief application, was filed in the High Court on December 24.
In his petition, MLA Basavaraja has steadfastly maintained his innocence. He argued that even if the allegations in the complaint are accepted at face value, they do not establish a case against him. Portraying himself as a law-abiding citizen, he alleged political vendetta behind his implication. He claimed to have no connection to the crime, suggesting that the assailants were rivals of the deceased. "It appears that persons having political vengeance against me have enacted the incident (murder) for political gain and in this process have falsely implicated me," the petition stated.
Background of the Case
The case stems from the murder of Shivaprakash on July 15. The First Information Report (FIR) was registered based on a complaint filed by his mother, Vijayalakshmi. The investigation, initially handled by the Bharathinagar police, was later transferred to the CID. Provisions of the KCOCA were invoked against the accused on August 12, a move that was ultimately quashed by the High Court on December 19. On the same day, Basavaraja also withdrew a separate petition that sought the quashing of the FIR itself.
The court's decision to grant bail, while conditional, marks a pivotal moment in this legally and politically charged case, highlighting the judiciary's scrutiny of investigative delays.
