Can K'taka CID Remove BJP MLA Byrathi Basavaraju's Arrest Immunity?

Synopsis
Key Takeaways
- CID files plea to revoke MLA's arrest immunity.
- Byrathi Basavaraju faces murder allegations.
- Significant evidence reportedly gathered.
- Political implications of the case are significant.
- Court proceedings to continue in October.
Bengaluru, Sep 24 (NationPress) The Criminal Investigation Department (CID) submitted an application to the Karnataka High Court on Wednesday, aiming to lift the immunity from arrest that has been granted to BJP MLA Byrathi Basavaraju concerning a murder case linked to a rowdy sheeter.
Byrathi Basavaraju, who previously served as a minister, represents the K.R. Puram Assembly constituency in Bengaluru. He is the older brother of Minister for Urban Development Byrathi Suresh, a close associate of Chief Minister Siddaramaiah.
Special Public Prosecutor B.N. Jagadeesha argued in court that it is vital for the MLA's arrest in this case, urging the High Court to revoke the temporary order providing him with immunity. The prosecution has gathered significant evidence against him.
Jagadeesha noted that Byrathi Basavaraju allegedly provided false statements during questioning. All other individuals implicated in the case have already been arrested and charged under the Karnataka Control of Organised Crimes Act (KCOCA).
On the other hand, Sandeep Chowta, the attorney for Byrathi Basavaraju, contended that the MLA had previously cooperated with investigators. He claimed that the CID's actions are politically driven, asserting that the police have not summoned his client for questioning in the last month, during which he has remained fully cooperative.
The bench, led by Justice M.I. Arun, advised the prosecution against politically targeting the accused MLA and requested SPP Jagadeesha to file a petition that clearly outlines the duration the CID intends to detain Byrathi Basavaraju. The court also instructed that objections be submitted.
SPP Jagadeesha assured that he would provide comprehensive details, expressing confidence that the bench would be convinced of the evidence against the accused MLA. The hearing has been postponed until October 8.
Senior BJP MLA and former Minister Byrathi Basavaraju is facing murder allegations in connection with the assassination of a rowdy sheeter. The Bharatinagar police in Bengaluru have filed a First Information Report (FIR) against the MLA, identifying him as the fifth accused in the matter.
The complaint was lodged by Vijayalaxmi, the mother of the deceased rowdy sheeter, Shivaprakash alias Biklu Shiva, who was brutally killed in front of his home in July.
Initial investigations indicated that Shivaprakash had previously filed a complaint against Byrathi Basavaraju, claiming that the MLA’s associates had threatened him regarding a land dispute, pressuring him to cancel a General Power of Attorney (GPA) and hand over the contentious property.
Shivaprakash had allegedly provided video evidence of the threats made by the MLA’s associates when he lodged the complaint.
The FIR is registered under Sections 103 and 190 of the Bharatiya Nyaya Sanhita against Byrathi Basavaraju and others. Additional suspects, including Jagadish (34), Kiran (33), Vimal (36), and Anil (34), have also been named. Authorities indicated that more individuals could be implicated as the investigation advances.
Byrathi Basavaraju has denied any involvement in the murder, asserting that he has been wrongfully implicated. “I don’t know the individual who was murdered, nor do I know the perpetrators,” he stated.
However, the murder case involving the rowdy sheeter has taken a surprising turn after the victim’s mother claimed she did not name the MLA in her police complaint.
Vijayalaxmi, mother of slain rowdy sheeter Shivaprakash alias Biklu Shiva, stated, “I have not filed any complaint against BJP MLA Byrathi Basavaraj. I did not name any suspects. I was in shock after my son’s murder. The police have added his name.”
She further claimed that there is pressure to implicate the BJP MLA and that police suggested framing her complaint in a specific manner, even encouraging her to assert that she witnessed the murder. “I have not mentioned his name,” she reiterated.
“I need protection for my family. My deceased son’s wife and children deserve compensation,” she emphasized.
However, the complaint submitted to the police by Vijayalaxmi reportedly includes BJP MLA Byrathi Basavaraj's name in the last paragraph. Police sources clarified that even if the police draft the complaint, it is read to the complainant for their approval before signing.