The Karnataka Government has strongly argued before the High Court that the custodial interrogation of Bharatiya Janata Party (BJP) MLA Byrathi Basavaraj is essential for the investigation into the murder of real estate operative V G Shivaprakash, popularly known as Bikla Shiva. The state made this submission on Tuesday, January 7, 2026, while also challenging the maintainability of the MLA's anticipatory bail petition.
Background of the Bikla Shiva Murder Case
The case revolves around the killing of Bikla Shiva, who was shot dead in front of his house in East Bengaluru in July of the previous year. The police investigation alleges that the murder was executed by a group acting on the directions of a local gangster named Jagadish alias Jaga, who is listed as the prime accused (Accused No. 1). The prosecution claims that Jagadish had previous business disputes with the victim related to real estate dealings.
Byrathi Basavaraj, the MLA from K R Puram, is named as Accused Number 5 in the First Information Report (FIR). The investigation alleges links between the legislator and the alleged main conspirator, Jagadish.
Legal Tussle and Court's Interim Protection
The legal proceedings have seen significant developments. On December 26, 2025, a bench of the Karnataka High Court granted interim anticipatory bail to Basavaraj. The court noted that the petitioner had earlier obtained protection from a coordinate bench until December 19. Considering the facts and the conduct of the investigation, the court deemed it proper to grant ad-interim relief until the disposal of the main petition, without expressing any opinion on the merits of the case.
Prior to this, in a separate petition, the High Court had ruled that the stringent Karnataka Control of Organised Crime Act (KCOCA) was not applicable against the BJP leader. This order has been challenged by the Karnataka Police, who have moved the Supreme Court against the dropping of the organised crime charge.
State's Argument for Custodial Interrogation
During the hearing on January 7, the state government's counsel emphasized the critical need for custodial questioning. "That (custodial interrogation) has been the demand of the investigation since day one," the counsel asserted. The government also raised procedural concerns, arguing that proper notice of the December 26 anticipatory bail hearing was not served to them.
In response, Basavaraj's legal team countered that the Special Public Prosecutor for the case was out of the country at that time. The bench, hearing both sides, orally questioned the urgency shown in securing bail on December 26 when the MLA had not been arrested. The judges noted that the matter required a deeper hearing on its merits.
Concluding the session, the bench scheduled the next hearing in the high-profile Bikla Shiva murder case for January 12, 2026. The court's decision on the state's plea for custodial interrogation and the fate of the anticipatory bail petition will be closely watched, marking another chapter in this politically sensitive legal battle.
