Karnataka High Court grants default bail to four accused in realtor murder case

The High Court of Karnataka has granted default bail to four accused, including the prime accused Jagadish P. alias Jagga, in the case of the murder of realtor-cum-rowdy sheeter Shivaprakash alias Biklu Shiva, as the Criminal Investigation Department (CID) did not file a charge sheet within the period prescribed in the law.

Justice S. Sunil Dutt Yadav passed the order while allowing the bail pleas of Jagadish (accused number-1), K. Kiran (accused number-2) Vimal Raj B. (accused number-3), and Madan R. (accused number-7).

The petitioners had questioned the orders, passed by a magistrate court on December 26, 2025, and by a sessions court on February 2, 2026, rejecting their application filed on December 22, 2025, seeking release on default bail due to non-filing of the charge sheet with the specified time.

The High Court pointed out that the CID had 90 days to file a charge sheet from the date of their arrest, but the deadline of 90 days got extended due to invocation of the stringent Karnataka Control of Organised Crime Act (KCOCA).

As the High Court on December 19, 2025 held as illegal invocation of KCOCA against all the accused in the cases, the accused automatically entitled for default bail as the deadline to file charge sheet was reverted to 90 days as provided in the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the period extended as per KCOCA ceased to exist, said Justice Yadav.

The High Court noted that the accused had filed a plea for default bail before the magistrate court at 12 p.m. on December 22, 2025, as the CID filed preliminary charge sheet at 5.15 p.m. on the same day.

“The filing of the charge sheet at 5.15 p.m. on December 22, 2025, which is later in point of time after the bail application was filed, could not defeat the indefeasible right accrued to the petitioners,” the High Court said while citing the apex court’s judgment.

Meanwhile, Justice Yadav clarified that order of granting default bail would be subject to the outcome of the appeal filed by the CID before the apex court challenging the High Court’s order of quashing charges under KCOCA against the accused persons. If the apex court restores the KCOCA, the accused must face the legal consequences, the High Court said.