Karnataka High Court finds no procedural lapses in extending time to submit chargesheet in murder case in which MLA Basavaraj is accused

Finding no procedural lapses in granting 45 days more time for the police to submit final investigation report in the case of the murder of a realtor, allegedly involving MLA Byrathi Basavaraj, the High Court of Karnataka has rejected the petition filed by five of the accused persons seeking bail claiming lapse in extending their judicial custody beyond 90 days.

Justice S. Sunil Dutt Yadav passed the order while rejecting the petitions filed by K. Kiran (accused- 2), Vimal Raj B. (accused-3), Pradeep (accused-6), Madan R. (accused-7), and V. Samuel (accused-8). They are accused in the murder of Shivaprakash alias Bikla Shiva, who was killed on July 15.

KCOCA invoked

The trial court had extended the period for submitting final investigation report as the Criminal Investigation Department (CID), which is probing the case, invoked the provisions of the Karnataka Control of Organized Crime Act (KCOCA) against all the accused, including the MLA. KCOCA enables the investigating agency to seek additional 90 days for submitting the final investigation report.

While rejecting the contention that the public prosecutor had failed to annex the report of the investigating officer while filing his report to the trial court seeking extension of time to submit final probe report, the High Court said that “absence of annexing the report of the investigating officer would not denude the legal value to be attached to the report of the public prosecutor.”

The High Court also found that the public prosecutor’s report contained the requirements of the KCOCA, that it should contain progress of investigation and specific reason for extension of detention of the accused beyond 90 days.