On October 21, the High Court of Karnataka denied “default bail” to an accused in the murder of renowned journalist Gauri Lankesh. The accused, a businessman from Aurangabad, Maharashtra had sought to challenge the lower court ruling on the issue. Hrishikesh Devdikar, a businessman from Aurangabad of Maharashtra had been detained and placed in judicial custody in January 2020. Later, he submitted an application to the Special court for “statutory/default bail” under section 167(2) of the Criminal Procedure Code.
Devdikar claimed that no supplementary charge sheet was filed against him even 90 days after his arrest before the high court. However, the petitioner fled and was impossible to nab throughout the investigation, according to the special public prosecutor. The SPP reports that several new charge sheets have been submitted in the case. He noted that the petitioner was named in the initial charge sheet from 2018—even before the arrest. The court therefore rejected the statutory bail application of the accused. Pursuant to this, he appealed to the High Court to challenge he lower court’s order.
On October 21, Justice Suraj Govindaraj dismissed the plea, finding that the charge sheet had already been filed when the accused was detained. Therefore,he found the accused not eligible for seeking reliefs under Section 167 of the CrPC, subsection (2).
“An accused would not be entitled to the benefit under Subsection (2) of Section 167 of CrPC, in the event of charges sheet having already been filed before his arrest,” the judge said.
“I am of the considered opinion that in the present case, charge sheet having been laid against the petitioner even prior to the arrest of the petitioner, the petitioner having been arraigned as an accused and charged with certain offence, I am of the considered opinion that the benefit of Subsection (2) of Section 167 of CrPc would not arise,” he added.
“In my considered opinion as dealt with hereinabove, the fact of the accused absconding or delaying the investigation during the period of he being absconding would not be relevant for consideration of application Subsection (2) of Section 167 of CrPC,” the court further noted.
Background of the case:
Gauri Lankesh was highly respected for not only her fearless journalism, but also her work in advocating communal harmony, the rights of women, and persons from historically oppressed communities. Her killers, all allegedly affiliated to different right wing extremist organisations, wanted to silence her for her secular views and her stand against hardline groups that spread communal hate.
The trial in her assassination case began on July 4 before a special Karnataka Control of Organised Crime Act (KCOCA) court. As per directions of Special Judge CM Joshi, hearings take place every second week of the month for five days. Hearings are all set to resume this month.
Gauri’s sister Kavitha Lankesh who is a poet and filmmaker was one of the first people to testify in the case. Other witnesses who have testified so far include a cable operator who arrived at the spot shortly after Gauri Lankesh’s assassination, a neighbour who saw the shooters fleeing the spot, a witness who told the court about a meeting between some of the accused, a forensic science lab technician and a police officer.
The probe, the chargesheet and the arrests: The probe was conducted by the Karnataka Special Investigation Team (SIT) who filed two chargesheets. The primary charge sheet was filed against KT Naveen Kumar, a 37-year-old member of the Hindu Yuva Sena on May 30, 2018. On November 23, 2018 the supplementary charge sheet running into 9,235 pages was filed. 18 people were named in the charge sheet, including alleged shooter Parashuram Waghmare, and alleged masterminds Amol Kale, Sujith Kumar alias Praveen and Amit Digwekar. It was in this charge sheet that the Sanatan Sanstha was mentioned for the first time. So far, 17 people have been arrested while one of the accused remains absconding.
According to the Karnataka Special Investigation Team) SIT, the plot to kill Lankesh was hatched a year before the assassination. Amol Kale, a former Hindu Janjagruti Samiti (HJS) convener, allegedly hired killer Parshuram Waghmare. Waghamare was allegedly a member of the Sri Ram Sene. Kale took him to an isolated spot in Khanapur, Belgaum to practice using an air pistol. Waghmare allegedly did a recce of Lankesh’s house in Rajarajeshwari Nagar in July 2017. On September 5, he and another back-up gunman Ganesh Miskin arrived outside Lankesh’s house on a black motorcycle. Waghmare fired four times at Lankesh and the duo fled the scene.
However, the group responsible came together in 2010-11 suggesting that this was a wider conspiracy planned over a longer period aiming to eliminate more rationalists, journalists and activists. In a press release the SIT had said, “The investigation so far has revealed that all the 18 accused are active members of an organised crime syndicate. This syndicate was formed in 2010-11, under the leadership of Virendra Tawade alias Bade Bhaisaab. One former editor of ‘Sanatan Prabhat’ provided financial support to this syndicate. The members of this organisation targeted people who they identified to be inimical to their belief and ideology. The members strictly followed the guidelines and principles mentioned in ‘Kshatra Dharma Sadhana’, a book published by Sanatan Sanstha.” The statement further added, “In August 2016, in a meeting of the syndicate, the main members identified Ms. Lankesh as a “durjan” as told in the ‘Kshatra Dharma Sadhana’, based on her speeches and writings. They jointly hatched a conspiracy to murder her.”
On March 2, 2018, the SIT arested right-wing activist K. T. Naveen Kumar, of Maddur, who in 2015 founded the Hindu Yuva Sene. Kumar who reportedly confessed to Lankesh’s murder had previously been arrested in February 2018 in relation to a case involving illegal arms. Kumar allegedly obtained the bullets that were used to kill Gauri Lankesh, and that he allegedly supplied logistical support to her killers and directed them to her residence and office in Bengaluru.
In late May 2018, the SIT arrested four more people with ties to right-wing group Sanatan Sanstha for a January 2018 conspiracy to kill K. S. Bhagwan. The four individuals also had ties to Sanatan Sanstha’s sister outfit, the Hindu Janajagruti Samiti (HJS), and were also connected to Kumar, in 2017 had attended multiple HJS meetings. They were Amol Kale alias Bhaisab, an HJS activist from Maharashtra, Amit Degwekar alias Pradeep, a Sanatan Sanstha activist from Goa, Manohar Edave of Karnataka, and Sujeet Kumar alias Praveen, an activist with Sanatan Sanstha and the HJS from Mangalore.
On June 11, 2018 the sixth accused in the case, 26-year-old Parashuram Waghmare, was arrested. On Thursday, June 14, police reportedly interrogated Waghmare and the previously arrested Amol Kale. Waghmare had allegedly claimed that Kale instructed him to carry out the killing, and gave him a country-made pistol.
Sharad Kalaskar was arrested on August 10, 2018 by the Maharashtra Anti Terrorism Squad (ATS) after a tip off from the Karnataka Special Investigation Team (SIT) which was probing the Gauri Lankesh murder case. The ATS claims that Kalaskar was also one of the two gunmen who shot and killed Narendra Dabholkar in August 2013. According to the ATS, the weapon used to kill Gauri Lankesh and other rationalists was also procured and manufactured by Kalaskar.
A note on how to make bombs was also recovered from him. Kalaskar was arrested along with Vaibhav Raut and Sudhanwa Gondhalekar from the Nallasopara home of Raut who is the convener of the Hindu Govansh Raksha Samiti. 20 crude bombs and two gelatin sheets were recovered during this raid. Meanwhile, Gondhalekar is a member of Shiv Shivapratishthan Hindustan, an organisation run by none other than Shambhaji Bhide, one of the two main accused in the Bhima Koregaon violence.
In July 2019, Uma Devi, wife of slain rationalist MM Kalburgi identified the gunman who shot her husband. Earlier the SIT had arrested Praveen Chatur, a Belgavi resident who had allegedly ferried this gunman in the Kalburgi murder. While police had initially suspected Amit Baddi, a friend of Ganesh Miskin, of being the biker, sketches prepared by police artists did not match eye witness descriptions. When the SIT probed the matter again, interrogation of Amol Kale pointed them towards Chatur. Chatur was also wanted in a petrol bomb attack on a theater screening Padmavat in Belgavi in January. He has now turned state’s witness in the Gauri Lankesh case. In his statement he has reportedly admitted to attending training camps in Jalna and Mangaluru.
Rishikesh Dewarkar was the last one to be arrested in the case so far. Dewarkar who also went by the alias Rajesh was arrested from Katras town in Dhanbad district of Jharkhand in January 2020. He had been on the run ever since the assassination and had been laying low, working at a petrol pump in Katras for several months under an assumed identity.
Proceedings at previous hearings: As SabrangIndia had reported previously, Gauri Lankesh’s sister Kavita Lankesh, who is a filmmaker and poet, made her statement before the court when the hearings began on July 4, and said that just days before her murder, Gauri Lankesh had seen some men “loitering suspiciously” near her home in Bengaluru. She also said that it was she who discovered Gauri’s bullet ridden body in a pool of blood.
But the counsel for the defence wanted to spin an entirely different narrative. During her cross examination, Kavita was asked about family feuds instead. She was also asked about Gauri’s alleged “Naxalite connections”. At one point the defence counsel also mentioned Gauri Lankesh’s connections to the activists who have been dubbed the “tukde-tukde gang”, namely Jignesh Mewani and Kanhaiya Kumar. But this line of questioning was shot down by the court.
In July, the court also examined other witnesses including a cable operator who had been called to rectify the cable in Lankesh’s home, but found her dead outside her door instead. Another eye-witness, a mason whose wife was employed as a security guard in the building opposite Lankesh’s residence was also examined. He told the court, he heard gun shots when he came back home from work that day, and rushed to the spot, reported The New Indian Express.
When the hearing ended on July 8, the counsel for the accused told the court that they had not been given footage from CCTV cameras outside Lankesh’s residence yet. It was this footage that had helped the Special Investigation Team (SIT) to identify and apprehend the shooters. On Monday, July 18, the Special Public Prosecutor handed over the footage from two CCTV cameras outside slain journalist Gauri Lankesh’s house to the legal team of the accused.
In August, four witnessed deposed before the court. A neighbour (names of witnesses withheld as per directions of the court) of Lankesh testified that he was cooking at home when he heard the gunshots. Times of India quoted excerpts from his testimony: “I ran to the front door and opened it. When I was near the gate, I saw two men riding away on a black Passion Pro motorbike in Subhash Park direction. The rider and the pillion were wearing full-face helmets.” The neighbour also identified the bike used by the assailants that had been seized by the police. He told the court that when he and his roommate rushed outside the bike borne assassins fled, but that’s when a cable operator arrived. This is the same cable operator who had deposed before the court previously.
Another witness told the court that he had met key accused KT Naveen Kumar (A-17) at a park in Vijayanagar, and that two of the accused – Naveen Kumar and Sujith Kumar – had discussed a plan to murder the journalist, reported Hindustan Times.
Other witnesses to depose before the court included a woman staffer from a lab in Shantinagar and two policemen. The lab technician told the court that the police had given them CCTV footage on a DVR on September 6, and the lab downloaded the visuals and returned the DVR the same day.
Another witness to depose before the court was Head constable Shivaswamy H, who reportedly told the court that it was “police inspector Shiva Reddy took a written statement from Kavita Lankesh at the spot” and then gave it to him. He then handed it to sub inspector Laxman who drafted the First Information Report (FIR).
Related:
Gauri Lankesh case: Neighbour identifies bike used by shooters
Gauri Lankesh case: Hearings to resume before KCOCA Court today
Gauri Lankesh case: CCTV footage shared with counsel for the accused
Gauri Lankesh case: Why is the Defence harping on alleged “Naxalite connections”, family fued?
Gauri Lankesh case: SC restores KCOCA charges against Mohan Nayak
Gauri Lankesh case: SC reserves order on plea to keep KCOCA charges against accused
Gauri Lankesh case: SC to decide on keeping KCOCA charges against accused