Supreme Court refuses to intervene in Karnataka High Court’s refusal to grant MLA Byrathi Basavaraj pre-arrest bail

The Supreme Court on Thursday (February 12, 2026) refused to intervene in a Karnataka High Court decision refusing to grant anticipatory bail to BJP MLA B.A. Basavaraj (Byrathi Basavaraj) in the July 2025 murder of Shivaprakash alias Bikla Shiva, a realtor-cum-rowdy-sheeter, while highlighting the close nexus between land-grabbers and politicians.

“Land-grabbers have political protection. It is true the public perception is that land-grabbers have one or the other protection,” Chief Justice of India Surya Kant remarked.

The Bench, also comprising Justice Joymalya Bagchi, gave the MLA liberty to apply for regular bail after surrendering 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 hence was slapped with organised crime charges also.

Senior advocate Siddharth Luthra, for the Karnataka government, submitted that the apex court order allowing Mr. Basavaraj liberty to seek regular bail should not work against the State’s right to seek his police custody and interrogation.

MLA denies charges

Mr. Rohatgi began his arguments completely denying the charges against his client. “I am not involved in the property dispute. The property is not even within my constituency. I am a four-time MLA,” he submitted on behalf of the MLA.

The CJI, however, said there was an element of conspiracy alleged against the MLA.

“Not a scrap of material to suggest that I had anything to do with the property. The High Court had earlier granted me interim protection,” Mr. Rohatgi submitted.

The Bench pointed out that the deceased was killed in the presence of his mother. However, Mr. Rohatgi said she had never said she had seen the MLA at the spot.

“Your standard is not that you will go there with a weapon. You have many service-providers,” Chief Justice Kant reacted.

Invocation and quashing of KCOCA

In August 2025, the High Court had given Mr. Basavaraj interim protection asking the police ‘not to take coercive step against him’.

However, the Criminal Investigation Department (CID), which took over probe from the Bengaluru police, invoked provisions of the Karnataka Control of Organised Crimes Act (KCOCA), 2000, against all the accused persons, including the BJP MLA, during pendency of his petition against the FIR. This led him to file another petition before the High Court challenging invocation of KCOCA.

On December 19, 2025, the High Court quashed invocation of KCOCA against the MLA and other accused. However, on December 23, 2025, the special court of sessions for criminal cases against present and former MPs and MLAs rejected Mr. Basavaraj’s plea for anticipatory bail stating that the investigation against him and another accused was not complete even though the CID had filed a charge sheet against the remaining 18 accused persons.

Published – February 12, 2026 01:03 pm IST