MLA faces arrest threat from CID as HC denies bail again

The Karnataka High Court on Tuesday refused to grant anticipatory bail to former minister and KR Puram MLA Byrathi Basavaraj for the second time in connection with the sensational murder case of rowdy-sheeter Biklu Shivu alias Shivakumar. The order has revived the possibility of his immediate arrest by the Criminal Investigation Department (CID).

A single-judge bench headed by Justice Sunil Dutt Yadav rejected the petition filed by Basavaraj, who has been named as the fifth accused in the murder case. With the court declining relief, legal sources said the CID is now likely to proceed with custodial interrogation of the MLA as part of the ongoing investigation.

During earlier hearings, the counsel representing the CID strongly opposed the bail plea. The prosecution argued that the MLA had obtained interim anticipatory bail by allegedly misleading the court with incorrect information. “There is prima facie material to show the involvement of the petitioner in the murder case.

Local police had failed to investigate properly and therefore the CID took over the probe. For a fair investigation, arrest and custodial questioning are necessary,” the CID counsel submitted.

Opposing these claims, lawyers for Byrathi Basavaraj maintained that the case was politically motivated. They told the court that the MLA had cooperated with the investigation whenever summoned and had never attempted to evade the law. They also argued that after the case was transferred to the CID, no fresh notice had been issued to him for questioning. “He is a sitting legislator and is ready to cooperate fully. There is no need for custodial interrogation,” the defence contended.

The case relates to the murder of Shivaprakash alias Biklu Shivu near Halasuru Lake in Bengaluru. According to the complaint lodged by the victim’s mother Vijayalakshmi, the murder was linked to a land dispute.

Based on her statement, Bharatinagar police had registered an FIR against Jagadish, Kiran, Vimal, Anil and Byrathi Basavaraj.

Fearing arrest, Basavaraj had initially approached the High Court seeking anticipatory bail.

The court had earlier directed him to approach the trial court, which also rejected his application. Later, a vacation bench of the High Court had granted him interim anticipatory bail, which was challenged by the CID through an interlocutory application.

With the latest order cancelling any protection from arrest, the MLA now faces serious legal trouble. Political circles are closely watching the developments as the case could have significant ramifications for

state politics.