Supreme Court Dismisses Plea Against Bail Granted To Accused In Gauri Lankesh Murder Case

The Supreme Court on August 21 dismissed a special leave petition seeking cancellation of bail of Mohan Nayak N, an accused in the murder case of journalist and activist Gauri Lankesh.

On September 5, 2017, Gauri Lankesh was shot dead in front of her residence in south Bengaluru. The police have arrested 18 persons in the case. Nayak was arrested on July 18, 2018.

The present SLP was filed by Gauri Lankesh's sister Kavitha Lankesh challenging the bail order of the Karnataka High Court dated December 7, 2023, against accused no. 11 (Nayak). The High Court while granting the bail had taken into consideration that Nayak has been in jail for the last five years and out of 527 chargesheeted witnesses, out 90 were examined so far.

Before a bench of Justices Bela M. Trivedi and Satish Chandra Sharma, Senior Advocate Siddharth Luthra (appearing for respondent State of Karnataka) apprised that so far 137 witnesses have been examined by the prosecution. Whereas, 137 witnesses has been dropped and the prosecution is also likely to drop 150 more witnesses.

Luthra added that only 100 witnesses are therefore left to be examined.

The Court noted the undisputed factual position that Nayak has cooperated with the trial and has not sought any adjournment so far.

On these considerations, the court declined to interfere with the bail order of the High Court. However, it noted: "It goes without saying that if the respondent – accused does not cooperate or asks for unnecessary adjournment(s) or commits breach of any condition, the State of Karnataka or the complainant shall be at liberty to apply for cancellation of bail, and if any such application is filed, the same shall be decided on its own merits and in accordance with law".

It has directed that the "trial court shall expeditiously conduct the trial and all the parties shall cooperate with the trial court in concluding the trial".

Case Details: Kavitha Lankesh v. The State Of Karnataka & Ors, Special Leave to Appeal (Crl.) No. 740/2024

Appearances:

Petitooner: Senior Advocate Aparna Bhat

Respondent: Senior Advocate Siddharth Luthra

Click Here To Read/Download Order.