HC refuses bail to accused, cites communal fanaticism

Bengaluru: The high court has refused bail to an accused involved in Shivamogga Bajrang Dal activist Harsha’s murder case, holding that the former appears to be a communal fanatic and chose the target for assassination with a view to strike terror among Hindus.
The appellant Pasha, arraigned as accused no 8, had appealed against the December 17, 2022 order of the special court, rejecting his bail petition.He and others allegedly killed Harsha alias Hindu Harsha between 8.45pm and 9.15pm on February 20, 2022 at a place opposite to Kamat petrol bunk, Bharati Colony Cross,Shivamogga city.
Doddapete police had registered the case and thereafter, the National Investigation Agency (NIA) took over probe and filed a charge-sheet for offences punishable under sections 143, 201, 204, 212, 341 and 302 of IPC and also under sections 16, 18, 19 and 20 of the Unlawful Activities (Prevention) Act, 1967.
Pasha, 26, allegedly became a member of the conspiracy by agreeing to keep watch on Harsha’s movements and provide details to the other accused. The call records show he was constantly updating the movement of Harsha to the others.
In his petition, Pasha had claimed that as per the chargesheet, it is accused nos. 1 to 7 who could be called conspirators. He argued that if the other accused had enticed him to follow Harsha, and if he had agreed for the same without having knowledge of the consequences and provided information about his movements to the other accused, he did not become part of the conspiracy.
He claimed that he cannot be said to have participated or been involved in any terrorist activity as he did not have intention to commit the acts mentioned in section 15 of UAPA.
On the other hand, P Prasanna Kumar, special counsel for NIA, argued that section 43D(5) of UAPA requires that the prosecution should satisfy the court that accusations are prima facie true, and if it is demonstrated, the court cannot grant bail.
After perusing the materials on record and also rival submissions, a division bench headed by Justice Sreenivas Harish Kumar agreed with the special counsel. “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... The special court has rightly dismissed the application for bail,” the bench said.