Bengaluru realtor murder case: MLA Byrathi Basavaraj gets HC reprieve from stringent organised crime charge

The high court, however, dismissed Basavaraj’s plea to quash the murder case against him and withdrew the interim protection from arrest granted to him on August 12. “Further, investigation is still to be completed, and an order granting anticipatory bail may interfere with investigation of a heinous offence,” the high court said.

Justice Sunil Dutt Yadav said the KCOCA was invoked in the absence of evidence of continuing criminal activity by an organised gang—in the form of multiple charge sheets against at least one member for offences punishable with more than three years of imprisonment.

The order will also apply to the KCOCA charges against 20 others arrested and accused of being part of the organised gang that carried out the July 15 murder.

A special court for KCOCA cases had ruled on September 24 this year that KCOCA was applicable in the Bikla Shiva murder case on account of multiple arrested persons having two or more charge sheets against them for offences carrying punishments of over three years of imprisonment.

“A holistic reading of Section 2(1)(d) and 2(1)(e) of KCOCA would indicate that as regards a member of the organised crime syndicate, there must be involvement of such member individually or jointly in cognizable offence punishable with imprisonment of three years or more with respect to at least more than one charge sheet having been filed in that regard before a competent court,” the high court observed on Friday. “This aspect, having been overlooked by the approval authority, would reflect non-application of mind,” the high court said.

“As regards accused persons, other than accused No.18, i.e. Patrick, a perusal of offences and the punishment prescribed with regard to accused No.2 – Kiran S/o late Krishna, accused No.3 –Vimalraj S/o Babu Raju, accused No.7 – Madan S/o Rajan and accused No.19- Kiran. K S/o Kallappa would indicate that the punishment prescribed would not qualify the requirement of ‘imprisonment of three years or more,’” the high court said.

The high court then ruled that “the legal requirement of organised crime which involves ‘continuing unlawful activity’ as contemplated under Sections 2(1)(d)  and 2(1)(e) of KCOCA are not satisfied”.

“The invoking of the provisions under KCOCA would not stand legal scrutiny. While it is indeed correct that invocation of KCOCA is against the ‘crime’ and not the ‘accused’, however, the legal requirement would mandate that there has to be ‘continuing unlawful activity’ for which the ingredients of Section 2(1)(d) of KCOCA requires to be satisfied, which is absent, in light of the discussion made above,” the high court said.

“Accordingly, in light of the order of approval not standing legal scrutiny in light of the discussion made supra, the order of approval at Annexure-‘K’ dated 12.08.2025 is set aside. As the invocation of KCOCA is against the offence, the order of approval is not particular to the offender, and its setting aside in the present petition though at the instance of one accused has the effect of setting it aside in its entirety,” the high court said, allowing Basavaraj’s petition.

KCOCA and organised crime

Bikla Shiva was killed outside his house on a public street near the Halasuru Lake on the evening of July 15 by a gang of armed assailants. The murder is alleged to be linked to a property dispute dating back to February 2025 between two groups staking claim to a property in the Kithaganur area of east Bengaluru.

A Special Investigation Team of the Karnataka CID had invoked the KCOCA in the murder case on August 12. Under KCOCA, investigating agencies have a 180-day time limit to file charge sheets against arrested persons. There is no provision for anticipatory bail for the accused. It also allows 30 days of police custody for the accused during the investigation period instead of the regular 15 days of custody.

Jagadeesh alias Jaga, 45, the gang leader who fled from India to Dubai soon after the murder, was nabbed in Jakarta by Interpol on the basis of a blue corner notice issued at the instance of the Karnataka CID police and was brought back to India and arrested on August 26.

Basavaraj is alleged to be linked to the Jaga gang, which operates in the real estate sector in his constituency. The state prosecutor told the high court during arguments in the KCOCA challenge by the MLA that key members of the gang arrested for the murder travelled with the MLA to the Kumbh Mela in February on a flight ticket with the same PNR number.

Earlier in September, a special court for cases involving elected representatives had rejected a plea of six persons arrested in the case who had claimed that the KCOCA provisions were wrongly invoked against them since they were not accused of multiple organised crimes.

The court has pointed out that the involvement of one of the accused in organised crimes where multiple charge sheets are filed and taken cognizance by the courts is sufficient to bring all other accused in a case under the purview of KCOCA.

“For instance, accused No.7 Madhan was involved in a case wherein he was alleged to have committed an offence punishable with more than 3 years and also under Sec.25(1)(B)(b) of Indian Arms Act. Though it is argued at bar that the other petitioners/accused persons were not involved in other criminal activities, it would be relevant to note that if a person becomes a member of an organised crime syndicate, the same would suffice,” the court said.

“That apart, in the instant case, accused No.1 Jagadeesh @ Jagga, accused No.2 Kiran, accused No.3 Vimal Raj, accused No.18 Patrick, accused No.19 Kiran are having several criminal cases pending against them,” the court pointed out.