The Supreme Court on Thursday (February 12, 2026) refused to interfere with the Karnataka High Court’s order refusing to grant anticipatory bail to BJP MLA BA Basavaraj (Byrathi Basavaraj) in July 2025 for the murder of Shivaprakash alias Bikla Shiva, a realtor-cum-rowdy-sheeter and politicians.
“Land grabbers have political protection. It is true that the public thinks that land grabbers have one protection or the other,” observed Chief Justice of India Surya Kant.
The bench, which also includes Justice Joymalya Bagchi, gave the MLA liberty to seek proper bail after he surrendered in the case.
Senior advocate Mukul Rohatgi, appearing for Mr. Basavaraj, said his client was not an MLA of the ruling party but of the opposition party and therefore he was also accused of organized crime.
Senior advocate Siddharth Luthra, for the Karnataka government, said the high court’s order allowing Mr. Basavaraj the freedom to seek proper bail should not be inconsistent with the state’s right to seek his police custody and interrogation.
The MLA denies the allegations
Mr. Rohatgi started his arguments completely denying the allegations against his client. “I am not a party to the property dispute. The property is not even in my constituency. I am a four-time MLA,” he said on behalf of the MLA.
However, the CJI said that an element of conspiracy was alleged against the MLA.
“Not a shred of material to suggest that I had anything to do with the property. The High Court had earlier granted me interim protection,” Mr. Rohatgi said.
The Bench pointed out that the deceased was killed in the presence of his mother. However, Mr. Rohatgi said that she never said that she saw the MLA at the spot.
“Your standard is not to go there with a gun. You have many service providers,” Chief Justice Kant responded.
Invocation and repeal of KCOCA
In August 2025, the High Court granted Mr. Basavaraj interim protection and asked the police “not to take coercive action against him”.
However, the Criminal Investigation Department (CID), which took over the investigation from the Bengaluru police, invoked the provisions of the Karnataka Control of Organized Crime Act (KCOCA), 2000, against all accused persons, including the BJP MLA, while handling his FIR petition. This led him to file another case in the Supreme Court challenging the application of KCOCA.
On 19 December 2025, the Supreme Court quashed KCOCA’s appeal against the MLA and other accused. However, on 23 December 2025, a special sessions court for criminal cases against current and former MPs and MLAs rejected Mr. Basavaraj’s anticipatory bail application, saying that the investigation against him and the other accused had not been completed even though the CID had filed a charge sheet against the remaining 18 accused persons.
Published – 12 Feb 2026 13:03 IST