Last Accused In Custody For Journalist Gauri Lankesh's Murder Gets Bail, 17 Accused Out On Bail While One Absconds
A court in Bengaluru recently granted bail to Sharad Bhausaheb Kalaskar, an accused in the alleged murder case of journalist Gauri Lankesh. Thus 17 of the 18 accused before the court are out on bail now. One still remains absconding.
Principal City Civil & Sessions Judge, Muralidhara Pai B, granted bail to Kalaskar on grounds of parity. It said “On this day all the accused facing trial in the case except the Petitioner are on bail. As such the Petitioner is entitled for bail even on the ground of parity.”
In October last year the sessions court had granted bail to accused Amol Kale, Rajesh D Bangera, Vasudev Suryawanshi, Rushikesh Devadekar, Parshuram Waghmore, Ganesh Miskin, Amith Ramachandra Baddi and Manohar Dundeepa Yadave.
There are a total of 18 accused in the case, of which accused no 15 Vikas Patel alias Dada Alias Nihal is absconding. The accused are being prosecuted in the case for charges under Sections 302, 120B, 118, 203, 35 IPC, Sections 25(1) & 27(1) of the Indian Arms Act, 1959, and Sections 3(1)(i), 3(2), 3(3) & 3(4) of the Karnataka Control of Organized Crimes Act, 2000.
The Karnataka High Court recently had granted bail to accused Bharat Kurane, Srikanth Pangarkar, Sujith Kumar and Sudhanva Gondhalekar vide its order dated September 4. Accused No 11, N Mohan Nayak alias Sampanje was the first accused to be granted bail by the High Court on December 7, 2023, which the Supreme Court confirmed in August 2024. Further, the High Court vide its order dated July 16, had granted bail to accused Amit Dighvekar, K T Naveen Kumar, and Suresh H L.
The court while granting bail also noted that the accusation against the petitioner herein is that he was a member of organized crime syndicate and he has given training to other accused persons regarding how to identify durjans and using pistol, air pistol, firing practice, karate practice, preparation of petrol and circuit bombs.
It said, “Thus, it becomes clear that even according to the case of the prosecution the Petitioner herein was not directly involved in the murder of Gowri Lankesh.”
Observing that petitioner is in custody in the case since 4.9.2018 and in several decisions Hon'ble Apex Court has repeatedly held that speedy trial is a fundamental right implicit in the broad sweep and content of Article 21 of Constitution and that if the period of deprivation of personal liberty pending trial becomes unduly long, the fairness assured by Article 21 of the Constitution would receive a jolt.
Further, Apex Court has time and again emphasized that presumption of innocence being a facet of Article 21, it shall enure to the benefit of the accused.
The court held “In the above narrated facts and circumstances of the case and the legal principles laid down by Hon'ble Apex Court, this Court opines that the Petitioner has made out valid ground to seek regular bail in the case.”
Dealing with the apprehension raised by prosecution that petitioner will misuse the bail and indulge in commission of similar offenses and the chances of threatening the prosecution witnesses.
The court said “Undisputedly, the names of the witnesses in the case have been hidden from the accused persons by masking their details. As such this Court does not find any chance of the Petitioner attempting to tamper the prosecution witnesses. Further, this Court has already examined 164 witnesses and almost equal number of witnesses have been given by the prosecution. As such the most of the remaining witnesses are the police officials or the officials of other departments, who assisted during the investigation in the case. In view of the same, this Court does not find any merit in the above contention of the prosecution.”
Accordingly, it granted bail to the petitioner on him executing a personal bond for Rs.2,00,000 along with two sureties for like sum to the satisfaction of the Court.
Appearance: Advocates Sparsh Shetty, Ashwin Kumar H, Manoj S N for Petitioner.
SPP S Balan for Respondent