The Karnataka High Court has recently granted bail to Mohan Nayak, an accused in the 2017 murder case of activist-journalist Gauri Lankesh. This decision marks Nayak as the first person to receive bail in this high-profile case. Justice S Vishwajith Shetty, presiding over the matter, made several critical observations leading to this decision.
In his order, Justice Shetty noted that out of the 23 witnesses who spoke about Nayak’s role, none indicated his participation in the meeting where the murder of Lankesh was allegedly conspired. The majority of these witnesses only mentioned Nayak renting a house in Kumbalagodu, on the outskirts of Bengaluru, purportedly to provide shelter to the actual assailants in the case.
The court scrutinized the delay in the trial process, highlighting that out of 527 chargesheet witnesses, only 90 have been examined to date. Justice Shetty stated,
“This Court on February 11, 2019, directed the trial court to expedite the trial. Though charges were framed in the present case on October 30, 2021, only 90 witnesses have been examined. There are more than 400 charge sheet witnesses who are yet to be examined in the case.”
He added,
“Even if it is assumed that all the witnesses mentioned in the chargesheet may not be examined in the case, considering the fact that only 90 witnesses have been examined for the last more than two years, it can be safely presumed that any time soon, the trial of the case may not be completed.”
Furthermore, the court raised concerns about the confession statements recorded before the sanction was granted for invoking the provisions of the Karnataka Control of Organized Crimes Act (COCA). The court opined that Section 19 of the COCA, which deals with the admissibility of confessions made before a police officer of a certain rank, may not be applicable.
“Even otherwise, the requirements of Section 19 has not been complied in the present case. The confessions have not been recorded by an officer of the rank of Superintendent of Police in the manner as provided under Section 19 of the COCA,”
the Court added.
Nayak, who has been in custody since July 18, 2018, was granted bail on the condition of furnishing a personal bond of Rs 1 lakh with two sureties for similar amounts. He is also required to appear before the trial court on all dates of the hearing unless exempted for valid reasons. The High Court emphasized that Nayak should not directly or indirectly threaten or tamper with the prosecution witnesses.
The court also observed that the delay in the trial cannot be attributed to the accused.
“From a perusal of the order sheet maintained by the trial court, it is seen that delay in trial cannot be attributed to the accused,”
the order said.
Gauri Lankesh, known for her left-leaning stance and criticism of right-wing Hindutva politics, was fatally shot by three motorcycle-borne men outside her house in Bengaluru’s Rajarajeshwari Nagar area on September 5, 2017. The case against Nayak includes charges under various sections of the Indian Penal Code (IPC), the Indian Arms Act, 1959, and the Karnataka Control of Organised Crimes Act, 2000 (COCA).
This bail grant by the Karnataka High Court in the Gauri Lankesh murder case is a significant development, reflecting the court’s consideration of trial delays and procedural aspects in high-profile criminal cases.