New Delhi: The Supreme Court has issued notice to Karnataka government on a plea challenging the Karnataka High Court's decision to grant bail to Mohan Nayak, who is one of the accused in the Gauri Lankesh murder case.
A bench comprising Justices Vikram Nath and Satish Chandra Sharma, in an order delivered on January 12, said: "Permission to file special leave petition is granted. Issue notice returnable within four weeks. Dasti, in addition, is permitted. Service through standing counsel is also permitted".
The apex court order came on a plea filed by Kavitha Lankesh, sister of Gauri Lankesh, through advocate Aparna Bhat. Senior advocate Huzefa Ahmadi represented Lankesh before the apex court.
On December 7, 2023, the Karnataka High Court granted bail to Mohan Nayak, one of the accused in the case. The HC allowed Nayak's prayer for bail on the grounds that there is undue delay in trial and by concluding that the trial may not be completed soon.
Kavith Lankesh’s plea said, “The High Court has erred in not appreciating that Respondent No. 2 has been actively involved in providing shelter to the killers prior to and after committing the murder of Gauri Lankesh and has participated in a series of conspiracies, abetting, planning providing logistics.".
"The investigating agency has collected sufficient material to connect him with the case and establish his intimate nexus with the master mind behind the entire event i.e. Accused No.1 Amol Kale and master arms trainer Accused No. 8 Rajesh D. Bangera who are part and parcel of an organized crime syndicate." said the plea.
The plea said the HC has erred in not appreciating the material placed before it which clearly establishes the involvement of Nayak as part of an organised crime syndicate.
"The Hon'ble High Court failed to consider that a Special Court has been set up by the State in order to conclude the trial in a speedy manner. In such circumstances, delay in trial cannot be a ground for grant of bail to Respondent No. 2," the plea contended.
The plea said the HC failed to consider the state's submission that even though 530 witnesses are cited on behalf of the prosecution, the state intends to give up on witnesses who are not material in nature and as such the prosecution is making every effort to conclude the trial at the earliest.
"The investigation undertaken by the SIT has revealed that Respondent No. 2 is part of the syndicate led by Amol Kale which has committed multiple organized crimes apart from the murder of Gauri Lankesh," said the plea.
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