Shivamogga murder: HC denies bail to accused number 8

The High Court of Karnataka has dismissed a bail petition filed by a man accused of being involved in the murder of Bajrang Dal activist Harsha in Shivamogga.

Faraz Pasha, arraigned as accused number 8 in the case, moved the high court after the special court rejected his bail application on December 17, 2022.

Harsha was murdered on February 20, 2022, at Bharati Colony Cross in Shivamogga. After the case was handed over, the National Investigation Agency (NIA) filed the chargesheet for offences under the Unlawful Activities (Prevention) Act and the IPC.

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The allegation against Pasha was that he had become a part of the conspiracy to kill Harsha. He allegedly watched Harsha’s movements and provided the information to the other accused. The call detail record showed Pasha was constantly updating Harsha’s movements to the co-accused, according to the NIA.

In his petition, Pasha claimed that as per the chargesheet material, only accused number 1-7 could be alleged for conspiracy. It was argued that Pasha would not become a member of the conspiracy if he had agreed to provide information without having knowledge of the consequences. The counsel for Pasha requested bail, saying he is only 26 and is the sole breadwinner of his family.

On the other hand, P Prasanna Kumar, special counsel for NIA, submitted that as per section 43D (5) of the UAP Act, the court cannot grant bail after the prosecution satisfies the court that accusations are prima facie true and the same is demonstrated.

A division bench headed by Justice Sreenivas Harish Kumar noted that the language of Section 43D of the UAPA is not in favour of granting bail once accusations appear to be prima facie true.

“The offences under the Act are undoubtedly offences against the nation threatening its unity, integrity, security and sovereignty. It is also an offence against society. As the facts of this case disclose, all the accused who appear to be communal fanatics and had no personal enmity against the deceased chose him for assassination with a view to striking terror among Hindus. Therefore, the young age of the appellant or his having no criminal antecedents is not a ground to be considered for granting bail to him. In our opinion, the special court has rightly dismissed the application for bail. The appeal is therefore dismissed,” the court said.