BENGALURU: In a major setback to BJP MLA and former minister Byrathi Basavaraj, the Special Court for the trial of the criminal cases against sitting and former MPs/MLAs on Tuesday dismissed his anticipatory bail petition in the Bikla Shiva murder case, which is being probed by the Criminal Investigation Department (CID).
Judge Santhosh Gajanan Bhat passed the order, dismissing the petition filed by Basavaraj, who is absconding. The operative portion of the order is available, while the detailed order is still awaited.
Basavaraj approached the special court after the high court granted him that liberty, while quashing the provisions of the Karnataka Control of Organised Crime Act, 2000 (KCOCA) against him. However, the high court, hearing the case on Friday, had rejected his interlocutory application for anticipatory bail.
Rejecting his plea, the high court noted that it is not inclined to exercise the extraordinary power under Article 226 of the Constitution as no exceptional circumstances were found in this case, to grant anticipatory bail.
It said that further investigation is still to be completed, while only partial interrogation has been conducted. An order granting anticipatory bail may interfere with the investigation of a heinous offence, the court observed. During the arguments, the state had stated that Basavaraj’s custodial interrogation was needed.
The high court had granted him liberty to approach the sessions court, saying he had directly approached the high court as provisions of KCOCA had been invoked against him. However, since KCOCA provisions against him have been quashed, he can approach the sessions court, the high court said.