Karnataka High court orders BJP's Byrathi Basavaraj to appear before investigating officer in rowdy murder case

Bengaluru: The Karnataka high court on Friday passed an interim order directing BJP MLA Byrathi A Basavaraj to appear before the investigating officer (IO) while also asking the police to proceed strictly in accordance with the provisions of BNSS section 35. The Bharatinagar police had served a notice for appearance before the IO on July 19 in connection with the FIR against him in the murder of Shivakumar alias Biklu Shiva.

Shivakumar was murdered near his house on Meanee Avenue Road in Baratinagar on July 15. Basavaraj, named as accused number-5 in the case, has challenged the FIR contending that he neither has any connection to the murder nor knew the deceased personally.

Justice SR Krishna Kumar said that as per an interim arrangement, the petitioner will appear and the police will also adhere to the procedure. “Meanwhile, by way of interim arrangement, the petitioner is directed to appear before respondent 1, police authorities on 19-07-2025 at 11.30 am, as indicated in the police notice dated 16-7-2025. If the petitioner appears before respondent 1 on 19-07-2025 respondent 1 shall proceed further strictly in accordance with the provision of 35 (sub clauses 3, 4, 5 and 6) of BNSS and the judgements passed by the Apex Court and in accordance with law,” Justice Krishna Kumar said, while adjourning the matter to July 23.

The police had registered an FIR based on the complaint filed by Vijayalakshmi, the mother of the deceased. The complaint stated that the deceased was into real estate and involved in a dispute over a property.

Senior advocate Sandesh Chouta, appearing for the MLA, submitted that on July 17, the complainant told media that she had not named anyone in her complaint while also saying the police may have added the names in the FIR. The advocate submitted that deceased Shivakumar was a rowdy sheeter and had eight cases against him. “We want to co-operate with the investigation. I am (Basavaraja) a four time MLA and I am not going to abscond,” the senior advocate said requesting the court to protect the petitioner from coercive measures.

On the other hand, State Public Prosecutor BA Belliyappa submitted that on February 18, 2025, the deceased had filed a complaint naming the MLA alleging threats to his life in connection with a property. “It is a case of brutal murder and the police are summoning the petitioner for investigation and they would follow the procedure as we section 35 (3) BNSS. During the investigation we may unearth much more evidence and evidence needs to be collected at the earliest,” he said.