Bangalore, December 19: The Karnataka High Court on Wednesday upheld the conviction of three reporters associated with the Kannada weekly Lankesh Patrike for defaming an IAS officer B.A. Harish Gowda (now retired) by writing false and defamatory reports against him in 1998. He was the Director of Pre-University Education Board when the defamatory articles were published.
Justice H.N. Nagamohan Das passed the order while confirming the orders passed by Second Additional Chief Metropolitan Magistrate Court, Bangalore, in 2001 and the Fast-track Court (Sessions)-IV in 2004 convicting Ravindra Reshme, Gangadhar Kushtagi and T.K. Thyagaraj.
However, showing certain leniency on the sentence imposed by the lower courts, the High Court modified the sentence by removing imprisonment imposed on Mr. Kushtagi.
The High Court ordered Mr. Reshme and Mr. Thyagaraj to pay a fine of Rs. 15,000 each and if they failed to pay it they would have to undergo simple imprisonment for three months. Mr. Kushtagi had been sentenced to pay Rs. 20,000 and failure to pay it would result in four months simple imprisonment.
From the amount collected from the convicts, the lower court would have to pay Rs. 45,000 to Mr. Gowda as compensation.
While the magistrate court imposed a fine of Rs.5,000 each on Mr. Reshme and Mr. Thyagaraj, it had sentenced Mr. Kushtagi to three months simple imprisonment. However, the fast-track court enhanced their sentence by asking Mr. Reshme and Mr. Thyagaraj to pay Rs. 25,000 each and sentenced Mr. Kushtagi to undergo a year’s simple imprisonment in additional to the fine.
In his order, Mr. Justice Das refused to set aside the conviction while rejecting the contention of convicts that the trial courts had committed certain procedural lapses as they were unable to demonstrate that such lapses caused prejudice to them.
Noticing that the convicts had not committed similar offences, were educated, and were capable of “real reforms”, the High Court reduced their sentence while observing that “awakening of inner being of accused persons is more than torturing through exterior compulsions.”
Bail denied
The court refused bail to Narendra Hittalamakki, former Assistant Conservator of Forests, Ankola, and Chandrakanth G. Nayaka, former Range Forest Officer of Ankola in the case of illegal export of iron ore from the Belekeri port.
Justice H.S. Kempanna refused to grant bail while noticing that documents and oral evidence produced by the Central Bureau of Investigation were sufficient to hold their alleged involvement in the offence.
Mr. Hittalamakki is accused of allowing Greentech Mining India Ltd. to illegally export iron worth Rs.10.96 crore by accepting Rs.15 lakh bribe from the managing director of the company and Mr. Nayak has been charged with carrying out instructions of Mr. Hittalamakki, which were illegal.
