A special court in Bengaluru designated for elected representatives has delivered a significant ruling, rejecting the anticipatory bail petition filed by BJP legislator BA Basavaraj. The MLA, representing the KR Pura constituency, is implicated as the fifth accused in the high-profile murder case of Biklu Shiva.
Court Proceedings and Adjournments
The legal journey for the anticipatory bail began when Basavaraj's legal counsel submitted the application on Saturday. However, the special judge, Santosh Gajanan Bhat, decided to adjourn the hearing, pushing the matter to Monday. During Monday's session, the defense made an unsuccessful attempt to secure interim bail for a brief period of two days.
The proceedings took another turn when Special Public Prosecutor Ashok Naik requested a further one-day adjournment. This request was made on the grounds that the Criminal Investigation Department (CID) had filed its preliminary chargesheet in the case on that very day, Monday.
Details of the CID Chargesheet and Prosecution's Argument
The preliminary chargesheet pertains to the brutal murder of Biklu Shiva, who was hacked to death in Bengaluru's Bharatinagar area on the night of June 15. In a notable development, the CID's initial list of accused names 18 individuals but conspicuously leaves out the name of MLA BA Basavaraj and an advocate.
On Tuesday, when the court reconvened, Special Public Prosecutor Ashok Naik strongly opposed the grant of pre-arrest bail to the BJP MLA. Naik presented a compelling argument before the court, asserting that Basavaraj had been absconding and had failed to cooperate with the police investigation.
"He (Basavaraj) has not properly attended the assembly sessions held in Belagavi," Naik stated. Countering the defense's claim that the MLA is a law-abiding citizen, the prosecutor argued, "If he really were, he would have appeared before the investigating agency rather than abscond. Also, his role as a conspirator should be checked thoroughly." This argument formed the crux of the prosecution's case against granting bail.
Implications and Next Steps
The court's decision to deny anticipatory bail marks a critical juncture in the case. It indicates the court's agreement with the prosecution's concerns regarding the MLA's availability for investigation. With the bail plea rejected, the legal pressure on the accused legislator intensifies, potentially leading to further investigative actions by the CID.
The case continues to unfold, with the CID's preliminary chargesheet now filed and the court taking a firm stance on the bail application. The omission of Basavaraj's name from the initial chargesheet does not preclude future action, as investigations into his alleged conspiratorial role are expected to proceed.
