The Principal District Civil and Sessions court in Bengaluru rejected the bail plea of Mohan Nayak, a key accused in the murder of journalist Gauri Lankesh. Mohan was accused of providing shelter to the alleged masterminds of the murder in Bengaluru. Mohan’s bail plea was rejected on Thursday, July 6, based on previous orders of the Karnataka High Court and the Supreme Court, which indicated the accused's prima facie involvement in the crime.
Journalist and activist Gauri Lankesh was shot dead by assailants outside her Bengaluru residence on September 5, 2017. The special investigation team which probed the case has accused 17 people of conspiring to plan the murder.
While delivering the judgement, the court said a previous High Court order on a bail plea by Nayak had found that “There are sufficient materials to prima-facie indicate the involvement of accused No. 11, which is not only peripheral but also an active participation in commission of the crime and that the record goes to show that he has facilitated the commission of the organised crime by aiding and assisting in some of the activities relating to the alleged incident”.
“It is relevant to note that the filing of various applications by the accused such as applications for regular bail, default bail, discharge applications etc, have also contributed to the delay. In view of the same this court holds that accused No. 11 has not made out valid ground to extend him the benefit of regular bail on account of probable delay in concluding the trial in the case,” the court said.
According to the chargesheet filed by the police, Mohan Nayak helped shelter Amol Kale, who is a key accused in the planning and execution of the assassination of journalist Gauri Lankesh. He was also known to another accused Rajesh Bangera.
Mohan sought bail from the Karnataka High Court in 2021. His plea was based on the fact that the High Court had previously nullified the charges framed by the Bengaluru Commissioner of Police in 2018, as well as the supplementary charge-sheet filed. The High Court had dismissed the Karnataka Control of Organized Crime Act (KCOCA) charges against Nayak, reasoning that there were no prior charge sheets under the KCOCA indicating his involvement in the alleged "continuing unlawful activities" of the criminal organisation believed to be responsible for Gauri's murder.
Following the dismissal of offences under KCOCA against Mohan Nayak, the order was challenged in the Supreme Court by Gauri Lankesh's sister, Kavitha Lankesh, as well as the Karnataka government in 2021. The Supreme Court, however, reinstated the KCOCA charges against Mohan Nayak.