KABC010049822026 IN THE COURT OF LXXXI ADD. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-82)

:PRESENT:

Sri. Santhosh Gajanan Bhat, B.A.L., LL.B., LXXXI Addl. City Civil & Sessions Judge, Bengaluru City (CCH-82)

(Special Court exclusively to deal with criminal cases related to elected former and sitting MPs/MLAs in the State of Karnataka)

Dated this the 12^th day of March, 2026 Crl.Misc.No.1780/2026 PETITIONER/ B.A.Basavaraja ACCUSED NO.5 : S/o Late.Anjinappa, Aged about 61 years, Residing at No.93/94, Shanthiniketana Road, Chandraiah Layout, Medahalli, Bengaluru – 560 049.

(Sri.Sandesh Chouta, learned Senior Counsel for Sri. Hemanth Kumar.D, Advocate for Petitioner)

V/s RESPONDENT : State by Bharathinagar Police, St. Johns Church Road, Pulakeshinagar Sub-Division, Bengaluru – 560 005.

Presently investigated by CID, Bengaluru.

(Sri.Ashok N. Naik, Learned Special Public Prosecutor for Respondent)

ORDER This bail petition has been filed under Section 483 of BNSS 2023 wherein the petitioner who has been arraigned as accused No. 5 in Crime No. 73/2025 for the alleged offences punishable under Sec.61, 189(2) & (4), 103, 118(1), 190, 111(2)(a), 111(2)(b), 111(3), 111(4), 238 r/w Sec.3(5) of BNS 2023 has been arrested and remanded to judicial custody on 12.02.2025.

2. The brief facts leading to the registration of the case is that the criminal law was set into motion on the basis of the written information filed by one Smt. Vijay Lakshmi on 15.07.2025, wherein she had stated that her son Shivaprakash alias Biklu Shiva was brutally murdered in front of her house at about 08.00 p.m. by some 8-9 unknown assailants. It is narrated in the complaint that the incident was eye-witnessed by one Mr. Imran Khan and also another person and on the basis of the same she had lodged the complaint. Based on the same, a FIR came to be registered and accused No. 1 to 4 and 6 to 19 were arrested during the pendency of the investigation. During the course of investigation, the case came to be transferred from Bharati Nagar Police Station and as per the orders passed by the State of Karnataka the investigation was entrusted to CID. After commencing the investigation by CID, they had requested the competent authority to invoke the provisions of KCOCA Act in the above case. On 02.08.2025, necessary permission was granted to invoke the provisions of KCOCA. However, the invocation of KCOCA came to be challenged by accused No.5 the petitioner herein, before the Hon'ble High Court of Karnataka and also, he had sought for interim protection from the Hon'ble High Court. As such a Criminal petition in Crl. P. No.10290 of 2025 was filed by him, wherein an interim protection order was also granted from taking coercive steps. Apart from that, a writ petition also came to be filed in WP No. 31304 of 2025, which was subsequently allowed by the Hon'ble High Court of Karnataka, wherein the invocation of KCOCA itself came to be quashed by the kind Order dated 19.12.2025. The petitioner had also sought the liberty to withdraw the Criminal petition which he had filed before the Hon'ble High Court of Karnataka and later on the anticipatory bail petition which he had filed came to be rejected by this Court and again the same was challenged before the Hon'ble High Court of Karnataka unsuccessfully and also before the Hon'ble Apex Court. Thereafter the petitioner was arrested on 12.02.2026 and after that he was remanded to Police custody for a period of 1 week and on completion of the same he was remanded to judicial custody by the orders passed by the Committal Court.

3. Being aggrieved by the same, the present bail application has been filed by contending that the petitioner is an innocent and has not at all committed any offence as alleged by the prosecution. It is also submitted that the allegation in the complaint even if it is taken at its face value do not make out any case against the petitioner and the complaint does not disclose the essential ingredient of an offence which is