In a significant development, the Karnataka High Court on Friday set aside the stringent charges under the Karnataka Control of Organised Crime Act (KCOCA), 2000, against BJP MLA Byrathi Basavaraj in connection with the murder of a Bengaluru realtor. The court, however, dismissed the legislator's plea to quash the murder case itself and withdrew the interim protection from arrest previously granted to him.
Court's Rationale for Quashing KCOCA Charges
Justice Sunil Dutt Yadav, presiding over the case, ruled that the legal criteria for invoking the KCOCA were not met. The court held that the police approval authority failed to demonstrate evidence of "continuing unlawful activity" by an organised crime syndicate, a mandatory requirement under the act.
The judgment pointed out that for KCOCA to apply, there must be involvement of a syndicate member in cognizable offences punishable with imprisonment of three years or more, with at least more than one charge sheet filed in that regard. The court found that for several accused, including key figures like Kiran and Vimalraj, the punishments prescribed for their prior offences did not meet the three-year threshold. "This aspect, having been overlooked by the approval authority, would reflect non-application of mind," the High Court observed.
Murder Case and Investigation Details
The case pertains to the brutal killing of V G Shivaprakash, alias Bikla Shiva, a 44-year-old real estate operative, on the evening of July 15. He was attacked by a gang of assailants on a public street near Halasuru Lake in Bengaluru. The murder is allegedly linked to a property dispute in the Kithaganur area of east Bengaluru dating back to February 2025.
Basavaraj, the 63-year-old MLA from K R Pura constituency, is accused of being linked to the 'Jaga' gang, allegedly involved in real estate operations in his area. The state prosecutor informed the court that key arrested gang members had travelled with the MLA to the Kumbh Mela in February on flight tickets sharing the same PNR number.
The investigation saw a major breakthrough when the alleged gang leader, Jagadeesh alias Jaga (45), who fled to Dubai after the murder, was nabbed in Jakarta by Interpol and brought back to India on August 26.
Implications of the High Court Order
The High Court's order to set aside the KCOCA invocation has a wider impact, as it applies not only to Basavaraj but also to the 20 other accused arrested in the case. The court clarified that since KCOCA is invoked against the 'crime' and not the 'accused', setting aside the approval order in one petition nullifies it in its entirety for all.
However, the murder investigation remains active. The court emphasized that the investigation is ongoing and that granting anticipatory bail could interfere with the probe into a "heinous offence." Consequently, the interim protection from arrest granted to Basavaraj on August 12 stands withdrawn.
This ruling contrasts with an earlier September 24 order by a special KCOCA court, which had held the act was applicable because multiple arrested persons had two or more prior charge sheets against them. The High Court's detailed analysis of the legal prerequisites has now overturned that finding for the purpose of applying the organised crime law.
