<p>Bengaluru: The high court granted default bail to four individuals accused in the murder of rowdy-sheeter Shivaprakash alias Biklu Shiva. Justice S Sunil Dutt Yadav granted bail to P Jagadish alias Jagga (accused number 1), K Kiran (accused number 2), B Vimal Raj (accused number 3) and R Madam (accused number 7).</p>.<p>The petitioners challenged the order of the special court for cases involving MP/MLAs, which rejected their application seeking default bail in the case. The case went to the special court since BJP MLA from KR Puram constituency B A Basavaraja is also an <br>accused.</p>.<p>Shivaprakash was murdered on Meanee Avenue Road in Bharathinagar on July 15, 2025. The order invoking the provisions of the Karnataka Control of Organised Crimes Act (KCOCA) was quashed by the high court on <br>December 19, 2025.</p>.BJP MLA Byrathi Basavaraj gets bail in Biklu Shiva murder case.<p>The petitioners submitted that their applications seeking default bail were rejected by the special court observing that the period for completion of investigation was extended by judicial order at a time when the order invoking <a href="https://www.deccanherald.com/tags/kcoca">KCOCA</a> was in force. </p><p>The petitioners contended that they had filed applications immediately, at 12pm on December 22, 2025, while the preliminary chargesheet was filed the very day at 5.15pm. </p><p>The special court held that since the application seeking default bail and chargesheet were filed on the same day, the right of the accused to claim default bail stood extinguished.</p>.<p>Justice Sunil Dutt Yadav noted that though Section 22 of KCOCA provides for an additional period of 90 days to complete the investigation, the consequence of setting aside of the order granting approval for invocation of KCOCA would mean that the petitioners are governed by the provisions of Section 167(2) of CrPC.</p>.<p>“Accordingly, the right to default bail having accrued even on a reasonable interpretation on 20.12.2025 and the petitioners having exercised their right by 12pm on 22.12.2025 were entitled to be released on bail. </p><p>The filing of the charge-sheet at 5.15pm on 22.12.2025, which is later in point of time could not defeat the right accrued to the petitioners to be released on bail,” Justice Sunil Dutt Yadav <br>said.</p>.<p>The court further said, “It is clearly laid down by the Apex Court that after lapse of the maximum time available for filing of chargesheet when accused is in custody and the application for default bail is filed, the filing of chargesheet even at a subsequent point of time on the same day cannot be considered.”</p>
<p>Bengaluru: The high court granted default bail to four individuals accused in the murder of rowdy-sheeter Shivaprakash alias Biklu Shiva. Justice S Sunil Dutt Yadav granted bail to P Jagadish alias Jagga (accused number 1), K Kiran (accused number 2), B Vimal Raj (accused number 3) and R Madam (accused number 7).</p>.<p>The petitioners challenged the order of the special court for cases involving MP/MLAs, which rejected their application seeking default bail in the case. The case went to the special court since BJP MLA from KR Puram constituency B A Basavaraja is also an <br>accused.</p>.<p>Shivaprakash was murdered on Meanee Avenue Road in Bharathinagar on July 15, 2025. The order invoking the provisions of the Karnataka Control of Organised Crimes Act (KCOCA) was quashed by the high court on <br>December 19, 2025.</p>.BJP MLA Byrathi Basavaraj gets bail in Biklu Shiva murder case.<p>The petitioners submitted that their applications seeking default bail were rejected by the special court observing that the period for completion of investigation was extended by judicial order at a time when the order invoking <a href="https://www.deccanherald.com/tags/kcoca">KCOCA</a> was in force. </p><p>The petitioners contended that they had filed applications immediately, at 12pm on December 22, 2025, while the preliminary chargesheet was filed the very day at 5.15pm. </p><p>The special court held that since the application seeking default bail and chargesheet were filed on the same day, the right of the accused to claim default bail stood extinguished.</p>.<p>Justice Sunil Dutt Yadav noted that though Section 22 of KCOCA provides for an additional period of 90 days to complete the investigation, the consequence of setting aside of the order granting approval for invocation of KCOCA would mean that the petitioners are governed by the provisions of Section 167(2) of CrPC.</p>.<p>“Accordingly, the right to default bail having accrued even on a reasonable interpretation on 20.12.2025 and the petitioners having exercised their right by 12pm on 22.12.2025 were entitled to be released on bail. </p><p>The filing of the charge-sheet at 5.15pm on 22.12.2025, which is later in point of time could not defeat the right accrued to the petitioners to be released on bail,” Justice Sunil Dutt Yadav <br>said.</p>.<p>The court further said, “It is clearly laid down by the Apex Court that after lapse of the maximum time available for filing of chargesheet when accused is in custody and the application for default bail is filed, the filing of chargesheet even at a subsequent point of time on the same day cannot be considered.”</p>
