Gauri Lankesh Murder: All Accused Out on Bail as Bengaluru Court Grants Bail to Last Accused

Post By 24law
January 13, 2025

Pranav B Prem

In a significant development in the Gauri Lankesh murder case, the Bengaluru City Civil and Sessions Court granted bail to Sharad Bhausaheb Kalaskar, marking the release of all 17 accused currently facing trial. Principal City Civil and Sessions Judge Muralidhara Pai B passed the order on January 8, 2025, allowing Kalaskar's plea for bail based on parity and prolonged custody.

Kalaskar's Plea and Court's Observations

Kalaskar, accused No. 10 in the case (Spl. C.C. No. 872/2018), has been in custody since September 4, 2018. The court noted that the trial, involving 18 accused, was progressing at a slow pace and was unlikely to conclude soon. It emphasized the constitutional right to a speedy trial under Article 21, stating that prolonged deprivation of liberty pending trial would be unjust. “... If the period of deprivation of personal liberty pending trial becomes unduly long, the fairness assured by Article 21 would receive a jolt,” observed the court.

Despite prosecution objections citing Kalaskar's criminal history and potential to re-offend, the court emphasized on the principle of presumption of innocence and granted bail on parity grounds. It noted that all other co-accused facing trial had been granted bail, and the petitioner could not be denied similar relief.

The Case and Prosecution's Stand

Gauri Lankesh, a prominent journalist and critic of extremist ideologies, was shot dead outside her Bengaluru residence on September 5, 2017. According to the prosecution, the murder was orchestrated by members of an organized crime syndicate with a motive to establish a "Hindu Rashtra" through violent means. The syndicate allegedly held conspiracy meetings in 2016 and 2017, during which roles were assigned to various members. Kalaskar, as per case documents, was involved in training others in the use of firearms, identification of targets, and preparation of explosives, although he was not directly involved in the murder. The prosecution opposed bail, highlighting that Kalaskar had been convicted in another case and was serving a life sentence. They argued that releasing him could jeopardize the investigation and witness safety.

Court's Reassurances and Bail Conditions

The court dismissed the prosecution's apprehensions, citing the measures already in place to protect witnesses, including the masking of witness identities. It also pointed out that many remaining witnesses were police or government officials, further reducing the risk of tampering.

Kalaskar's bail was granted with strict conditions, including:

A personal bond of ₹2,00,000 with two sureties.
Regular appearances in court on hearing dates.
Prohibition from threatening or tampering with witnesses.
Restriction from committing similar offenses.
Submission of current residence details and contact information.
Prohibition on leaving the court's jurisdiction without prior approval.

The court emphasized that any violation of these conditions would allow the prosecution to seek bail cancellation.

Status of the Case

With this order, all 17 accused facing trial are now out on bail. One accused, Vikas Patil, remains absconding. The case highlights the challenges in delivering timely justice in high-profile criminal trials involving multiple accused and complex evidence.