The Supreme Court on Thursday refused to entertain an anticipatory bail plea filed by BJP Member of Legislative Assembly (MLA) Byrathi Basavaraj in connection with the Biklu Shiva murder case [BA Basavaraja v. State Of Karnataka].
A Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi suggested that the legislator move a plea for regular bail instead.
CJI Kant added that the legislator should show the courage to face trial.
"Since you are a public servant, you should be courageous enough and face the trial," he said.
"We would have granted you anticipatory bail, but you have taken an evasive stand that you don't know him (a prime accused in the case) at all. Your (call records) shows otherwise," Justice Bagchi added.
Basavaraj is among those accused in the murder of a rowdy sheeter named Shivaprakash, also known as Biklu Shiva, who was killed in front of his residence by several assailants on July 15, 2025 amid a land dispute.
The MLA was named the fifth accused in the case, on allegations that he was in touch with a prime accused, a rowdy named Jagadish, who is alleged to have met Shiva several times before his death.
Interestingly, while the investigation was on, Shiva's mother claimed that she had not named Basavaraj in her complaint and was unaware why he was made an accused.
However, the investigating officers maintained that links were found between the MLA and the other accused in the case.
On February 10, the Karnataka High Court rejected Basavaraj's anticipatory bail plea in the matter. Facing imminent arrest, the MLA then moved the Supreme Court seeking relief.
His counsel, Senior Advocate Mukul Rohatgi, today denied any link between his client and the prime accused in the case.
"He does not even know Jagdish," Rohatgi said.
"Chain of events is like this. Accused goes to a site where two groups want to get the property...he (deceased) is gunned down in front of his mother. Now, the call record shows you (Basavaraj) are in touch with Jagdish, who used the gun and then fled to Sri Lanka," CJI Kant observed.
The Court proceeded to make it clear that it will not entertain the MLA's plea for pre-arrest bail.
"Plea not entertained with liberty to apply for regular bail," the Court said.
Representing the State of Karnataka, Senior Advocate Sidharth Luthra urged the Court to pass orders so that Basavaraj submits to police custody.
"Let him be in police custody," Luthra said.
"Apply for that. We are not saying no," replied Justice Bagchi.