Bengaluru: BJP MLA Byrathi Basavaraj, accused in the July 15 murder of real estate operator V G Shivaprakash alias Bikla Shiva, has approached the Karnataka High Court challenging the state government’s order allowing the Karnataka Control of Organized Crime Act (KCOCA) to be invoked in the case. The move comes as the police have sought the removal of protection from arrest previously granted to the MLA.

Background of the murder case

Bikla Shiva, 44, was killed outside his residence near Halasuru lake by a gang of armed assailants. Bengaluru police named Basavaraj, 63, and local gangster Jagadish P alias Jaga, 45, among the accused. The murder allegedly stemmed from a property dispute in East Bengaluru, with two rival gangs claiming ownership.

The Karnataka High Court had granted Basavaraj protection from arrest on August 13, 2025, while asking him to cooperate with the CID investigation. The CID has since filed an application seeking withdrawal of the protection, citing alleged non-cooperation by the MLA.

Legal arguments

Basavaraj’s counsel argued that withdrawal of protection would leave him unable to seek anticipatory bail under KCOCA. The senior counsel stated, “If, for any reason, this protection order is disturbed, I will be left in a position of not being able to approach seeking anticipatory bail because of the events that have transpired (invoking of KCOCA).”

The state prosecutor countered that custodial interrogation was necessary, noting that main accused Jagadish had fled the country and was deported from Bangkok via Colombo, while an associate had gone missing along with electronic devices. The police investigation reportedly found a close association between Basavaraj and key accused.

Special court’s view on KCOCA

On September 24, a special court for cases involving elected representatives rejected a plea against KCOCA invocation, stating that joining an organised crime syndicate suffices to bring an accused under KCOCA, even if it is their first criminal case.

The police have traced the origins of the murder to a property dispute dating back to February 2025, where Bikla Shiva allegedly built a compound wall illegally and verbally abused Jaga, prompting the gang to plan the murder.

Court proceedings

The High Court issued notices to the state on October 16 and is scheduled to hear Basavaraj’s plea this week. The investigation by the CID continues, and the outcome of the court proceedings will determine the MLA’s legal position regarding arrest and anticipatory bail.