BENGALURU: The Karnataka High Court granted default bail to four men who were accused in the murder of realtor Biklu Shiva, as the investigating agency has neither completed the investigation nor filed the charge sheet within the statutory period of 90 days. Justice S Sunil Dutt Yadav recently passed the order allowing the petitions filed by Jagadish P, K Kiran, Vimal Raj B and Madan R, who are accused Nos. 1, 2, 3 and 7, respectively.
They challenged the order dated February 2, 2026, passed by the sessions court, confirming the rejection of their applications seeking default bail under Section 187(3) of BNSS on December 26, 2025.
The accused were arrested in connection with the murder of Shivaprakash aka Biklu Shiva on July 15, 2025. The case was entrusted to the CID, which invoked the provisions of KCOCA on August 12, 2025.
The sessions court upheld the contention of the prosecution that setting aside of the order of approval for invoking KCOCA by the high court on December 19, 2025, was neither anticipated nor foreseen, and therefore, it cannot be held that there was any default on the part of the prosecution to file the charge sheet.
It was also contended that the order of extending the period to complete the probe cannot be curtailed on mere setting aside of the order of approval of KCOCA.
However, the HC stated that though an order for extension of time to complete the investigation beyond the period of 90 days was permissible when KCOCA was invoked, such an order would, however, turn to be eclipsed, once the applicability of KCOCA is set aside by this court, though subsequently.
Accordingly, the petitions are allowed and the orders dated December 26, 2025, and February 2, 2026, by the Additional City Civil and Sessions Courts are set aside, the court said, passing the orders to release the accused, imposing certain conditions.
The HC made clear that this order granting default bail on account of the quashing of KCOCA approval should remain subject to any orders passed in the proceedings pending before the SC in the Special Leave Petition filed by the state against quashing order. In the event the SC allows the petition, then the petitioners should abide by the legal consequences, HC said.