The Karnataka High Court has granted default bail to four accused individuals in the murder case of notorious rowdy-sheeter Shivaprakash, alias Biklu Shiva.
Details of the Bail Grant
Justice S. Sunil Dutt Yadav approved the release on bail for P. Jagadish alias Jagga (accused no. 1), K. Kiran (accused no. 2), B. Vimal Raj (accused no. 3), and R. Madam (accused no. 7). The accused challenged a special court’s rejection of their default bail applications. The case was transferred to the special court for MP/MLA-related cases due to the involvement of BJP MLA Byrathi Basavaraj from the KR Puram constituency.
Background of the Murder
Shivaprakash was killed on Meanee Avenue Road in Bharathinagar on July 15, 2025. The High Court quashed the order invoking the Karnataka Control of Organised Crimes Act (KCOCA) on December 19, 2025.
Legal Arguments and Court’s Reasoning
The accused argued that the special court wrongly rejected their bail requests, citing an extension of the investigation period under KCOCA. They filed their applications at 12 p.m. on December 22, 2025, while the preliminary chargesheet was submitted later that day at 5:15 p.m. The special court ruled that filing both on the same day eliminated the right to default bail.
Justice Yadav observed that quashing the KCOCA approval reverted the case to Section 167(2) of the CrPC. He stated, “The right to default bail accrued on December 20, 2025, under a reasonable interpretation, and the petitioners exercised it by 12 p.m. on December 22, 2025. The chargesheet filed at 5:15 p.m. that day cannot override this right.”
The court further emphasized, “The Supreme Court has clearly ruled that once the maximum period for filing the chargesheet expires while the accused is in custody, and a bail application is submitted, a later chargesheet on the same day does not apply.”
