Biklu Shiva murder case: Supreme Court refuses to consider anticipatory bail plea of BJP MLA Byrathi Basavaraj

Senior advocate Sidharth Luthra, appearing for the Karnataka government, sought custodial interrogation of the accused leader.

New Delhi: The Supreme Court on Thursday refused to consider an anticipatory bail plea filed by Karnataka BJP MLA Byrathi Basavaraj in connection with the Biklu Shiva murder case, and asked him to face the interrogation. 

"You are a public person. You should go rather courageously that I am ready to face any kind of interrogation," a bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi told senior advocate Mukul Rohatgi, appearing for the MLA. 

Senior advocate Sidharth Luthra, and Karnataka's Additional Advocate General Nishanth Patil appearing for the state government, sought custodial interrogation of the accused leader.

The bench also opined that the legislator should move a plea for regular bail instead.

"Anticipatory bail for murder case, we should be extremely surprised. Cheating, misappropriation…general activity is understandable. Now, the follow up is murder," the bench wondered.

Rohatgi contended the BJP MLA has nothing to do: he was not there and it is a property dispute in which he was not involved. He also said that property was also not in his constituency.

"Ultimately, there has to be some material that I was calling people. I was doing something, I gave some money, or I was interested in buying that land or selling that land. There is absolutely nothing," he said.

The court pointed out, it was alleged the victim's mother was present at the spot when her son was shot dead. 

Rohatgi, however, argued that she had not named or said she has seen his client at the scene.

The court said, these land grabbers normally have political protection. "The public perception is that they get some protection," the bench said. 

Referring to the chain of events, the bench said, "This person goes to the spot, displays his GPA. This Jagdish comes and asks him to hand over the GPA. The quarrel takes place and he is gunned down and his mother is there. Now, whatever is allegation, correct or incorrect, it is matter of investigation." 

The court also noted the allegation is that the accused was in touch with the petitioner and he had fled to Sri Lanka.

The court was told that the plot of land in dispute is only 130 square yards. The bench said it all depends where it is located and what is the value.

Rohatgi said his client is a four-time MLA and he would not be grabbing the 130 square yards plot, and there is absolutely no material against his client.

"You are a public person. You should go rather courageously that I am ready to face any kind of interrogation. I am an innocent person, let them prove," the bench told him.

The bench said it would have granted him anticipatory bail, but he has taken an evasive stand that he does not know the prime accused in the case at all, and petitioner's call records showed otherwise.

"We would have accepted Rohatgi's arguments but for the fact you say that you do not know him…whereas CDR shows that on the day of the incident, there is a phone call between you and Jagdish," the bench said.

Rohatgi finally withdrew the petition. 

In its order, the bench said, "The counsel for the petitioner seeks and is permitted to withdraw this petition with liberty to the petitioner to apply for regular bail after his surrender. We request that the court concerned decide the application for regular bail expeditiously.''

The court also clarified it has not expressed an opinion on the merits.

The Criminal Investigation Department (CID) has stepped up its search for BJP MLA Byrathi Basavaraj, who has been named as the fifth accused in the murder of rowdy-sheeter Biklu Shiva alias Shivakumar.

The deceased, who had over 12 criminal cases against him, was hacked to death by a gang in Bharathinagar on the night of July 15, 2025 due to alleged business rivalry in the real estate sector.