In a first for Karnataka, special MP/MLA court hears Bengaluru organised crime murder case where BJP’s Byrathi Basavaraj is accused

Since the clarification from the Registry of the Karnataka High Court on September 1, the matter has been taken up by the designated special sessions court for MP/MLA cases in Bengaluru.

“This is the first time that a KCOCA case is being heard by the MP/MLAs court. There has not been a precedent of an MLA or MP being accused in a KCOCA case in Karnataka. There may be instances in other states like Maharashtra,” said Ashok Naik, Special State Public Prosecutor who has been a prosecutor in multiple KCOCA cases.

Following the invoking of the Karnataka Control of Organised Crime Act, 2000, by the state Criminal Investigation Department in the July 15 murder of a real estate operator, V G Shivaprakash alias Bikla Shiva, in which Basavaraj has been named as an accused, the case has been posted to the Special Court for MLA/MPs following a clarification from the High Court.

A magistrate’s special court for MLA/MP cases sought a legal clarification from the High Court as the Bikla Shiva murder case involved an organised crime syndicate, as identified under the stringent KCOCA law, and an MLA is accused.

“A clarification was sought regarding the court for the Bharathinagar (Bikla Shiva) murder case where KCOCA has been invoked and an MLA is accused. It has been clarified that in the wake of the Ashwini Upadhyay case, the matter must be heard by the MP/MLAs sessions court despite the invoking of KCOCA,” a source in the state prosecution department said.

Bikla Shiva murder case hearing

The KCOCA can be invoked against members of an organised crime syndicate if two of them have more than one criminal charge sheet against them, which has been taken cognisance of by the courts in recent times. Two gang members of the Jaga gang were found to have recent chargesheets, prosecution sources said.

On September 4, the special sessions court for MP/MLAs heard a request for additional police custody of the accused number 1 in the case, “former gangster” Jagadish P alias Jaga, 42, who was detained in Bangkok 10 days ago on the basis of an Interpol Blue Corner Notice.

Considered a close associate of Basavaraj, Jagadish is alleged to have planned and executed the murder of Bikla Shiva, a real estate operator with a criminal record, over a property dispute in East Bengaluru. He was sent back from Bangkok, where he had fled on July 19, following the murder in Bengaluru.

On Thursday, the special sessions court for MP/MLA cases remanded Jagadish in further police custody for five days to facilitate further CID investigations.

The special court was informed by the special public prosecutor that the 16 people arrested for the execution of the murder were proxies of Jagadish. The court was also informed that further custody is needed to unravel the conspiracy, including the roles of the MLA and a relative of Jagadish.

The special court was informed that Jagadish was related to a key arrested accused, Kiran K, and had claimed during investigations that the murder of Bikla Shiva was committed over threats issued to the relative of Jagadish by the victim over a property dispute.

Suyog Herele, the counsel for Jagadish, said he was unwell, and that further custody could be granted later.

While the special court granted five days of custody, it asked the SPP to file fresh applications under the KCOCA for the custody of four other accused: Kiran K, Vimal Raj, Samuel Victor and Auto Shiva.

Samuel and Auto Shiva are alleged to have watched the movements of the murder victim Bikla Shiva for over three months to prepare for the execution of the murder. Kiran and Vimal are considered the right-hand men of Jagadish.

Under the KCOCA, the police can get custody of an accused for 30 days instead of 15 days under the Bharatiya Nyaya Sanhita (BNS), and have a time limit of 180 days to file chargesheets instead of 90 days. The prospects of bail for the accused under the KCOCA are slim till chargesheets are filed.

The Karnataka CID is seeking additional custody of many of the accused in the Bikla Shiva murder case, who were earlier taken into custody by a special team of the Bengaluru police, which was constituted soon after the crime and carried out 16 initial arrests.

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