The Criminal Investigation Department (CID) of Karnataka has escalated a high-profile legal battle to the Supreme Court. The agency is challenging a Karnataka High Court order that dropped stringent charges under the Karnataka Control of Organised Crime Act (KCOCA), 2000, against Bharatiya Janata Party (BJP) legislator Byrathi Basavaraj and 20 others. The accused are linked to the murder of real estate operator V G Shivaprakash, popularly known as Bikla Shiva.
The High Court's Controversial Verdict
On December 19, 2025, the Karnataka High Court delivered a verdict that significantly altered the course of the murder investigation. The court ruled to scrap the invocation of KCOCA against MLA Byrathi Basavaraj and the other co-accused. In its judgment, the bench emphasized a specific legal interpretation of the organised crime law.
The court observed that for someone to be considered a member of an organised crime syndicate under KCOCA, they must be individually or jointly involved in cognizable offences punishable with at least three years of imprisonment. Crucially, the court stated there must be evidence of more than one charge sheet filed before a competent court regarding such offences.
The High Court concluded that the approval authority had overlooked this essential aspect, indicating a "non-application of mind" when sanctioning the use of KCOCA in this case. This finding formed the core of its decision to drop the severe charges.
CID's Grounds for Supreme Court Appeal
The CID, now petitioning the apex court, contends that the High Court order is fundamentally flawed. The investigative department's argument hinges on the alleged criminal history of one of the key accused, Madan R.
According to the CID, the state police rightfully invoked KCOCA because Madan R was found to have been involved in two recent cases of attempt to murder. Critically, charge sheets for these serious crimes had been filed in the past decade. The agency asserts that this fulfills the legal criteria for applying the organised crime act, thereby implicating all accused connected to the syndicate, including the BJP MLA.
The implications of applying KCOCA are severe for the accused:
- Investigating agencies have a 180-day time limit for filing charge sheets, unlike the usual 90 days.
- The law provides no provision for anticipatory bail.
- Police can seek custody of the accused for up to 30 days during investigation, double the standard 15 days.
Background of the Bikla Shiva Murder Case
The case originates from a brutal daylight killing that shocked Bengaluru. Bikla Shiva, aged 44, was murdered outside his house on a public street near Halasuru Lake on July 15, 2025. A gang of armed assailants carried out the attack, which police allege is connected to a property dispute in east Bengaluru dating back to February 2025.
Investigators claim that BJP MLA Byrathi Basavaraj has links to a gang operating in the real estate sector within his constituency. Members of this alleged gang are accused of carrying out the murder. This connection formed the basis for initially slapping the organised crime charges.
Earlier, in September 2025, a special court for cases involving elected representatives had rejected a plea from six arrested individuals. They had argued that KCOCA was wrongly invoked against them as they were not accused of multiple crimes. The special court, however, clarified that the involvement of any single accused in multiple serious crimes—where charge sheets are filed and cognized by courts—is sufficient to bring all other accused in the case under KCOCA's purview.
The Karnataka CID's move to the Supreme Court sets the stage for a significant legal interpretation of the state's organised crime legislation and its application in cases involving politicians and serious violent crime.
