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The Karnataka HC has granted bail to Mohan Nayak, the 11th accused in the Gauri Lankesh murder case. Notably, Nayak is the first among the 17 arrested individuals to be released on bail. The decision comes after Karnataka CM Siddaramaiah directed the establishment of a special court to expedite the trial for both Gauri Lankesh and renowned litterateur M M Kalburgi's killings.
Lankesh, a prominent journalist, was murdered near her Bengaluru residence on September 5, 2017. The HC cited significant trial delays, with only 90 out of 527 charge sheet witnesses examined since the charges were framed in October 2021.
The court emphasized that the petitioner had been in custody for over five years, and the delay in trial justified granting bail despite the rigors outlined in Section 22(4) of the COCA.
The Karnataka HC, in its judgment, highlighted the undue delay in the trial, stating that the trial may not be completed anytime soon. Despite charges being framed in October 2021, only 90 witnesses have been examined in the last two years out of more than 400 charge sheet witnesses.
The court noted that the delay could not be attributed to the accused, Mohan Nayak. Citing Section 22(4) of the COCA, the court asserted that the powers to grant bail were not fettered, especially when there is a prolonged delay in the trial process. The decision raises questions about the efficiency of the legal proceedings and the need for expeditious trials in cases of grave offenses.