Bengaluru, Feb 19: Pointing out that there was a deliberate attempt to cover up police excesses by implicating innocent persons at whim, the Karnataka High Court on Tuesday granted conditional bail to 21 people who were accused by police of involving in violence during the protests against the Citizenship Amendment Act (CAA) in Mangaluru.
Allowing the bail petitions of Ashik and 20 others from Udupi and Dakshina Kannada districts, Justice John Michael Cunha said the overzealousness of the police is also evident from the fact that FIRs were registered under Section 307 of IPC against the persons killed by the police themselves.
“In an offence involving a large number of people, the identity and participation of each accused must be fixed with reasonable certainty. In the present cases, the identity appears to have been fixed on the basis of their affiliation to PFI and they being members of the Muslim community. Though it is stated that the involvement of the petitioners is captured in CCTV footage and photographs, no such material is produced before the court showing the presence of any of the petitioners at the spot, armed with deadly weapons,” the judge noted.
In the statement of objections filed by the State Public Prosecutor-I, it was stated that there was a hint of Muslim youths holding protest on December 19, 2019, opposing the implementation of CAA. Prohibitory orders were clamped in that connection. This assertion indicated that the common object of the assembly was to oppose the implementation of CAA and National Register for Citizens (NRC) which, by itself, was not an “unlawful object”, the judge pointed out.
‘Pics show cops throwing stones at crowd’
Justice Cunha also said the material collected by the investigators did not contain any specific evidence regarding the presence of any of the petitioners at the spot. On the other hand, omnibus allegations were made against the Muslim crowd of 1,500-2,000, alleging that they were armed with weapons like stones, soda bottles and glass pieces. The photographs produced by the SPP depicted that hardly any member of the crowd were armed with weapons, except one of them holding a bottle. In none of these photographs, police station or policemen were seen in the vicinity, the judge noted.
“On the other hand, photographs produced by the petitioners show that the policemen themselves were pelting stones at the crowd. The petitioners have produced copies of the complaints lodged by the dependants of the deceased who died due to police firing and the endorsement made thereon reveals that even though the law required the police to register independent FIRs in view of the specific complaint made against the police officers making out cognizable offences, the police have failed to register FIRs. This goes to show that a deliberate attempt is underway to cover up police excesses by implicating innocent persons at the whims and caprice of the police,” the judge observed.
In the wake of counter-allegations against the police and in the backdrop of their failure to register FIRs based on complaints lodged by the families of victims, the possibility of false and mistaken implication could not be ruled out, the judge said. In these circumstances, it would be a travesty of justice to deny bail to the petitioners and sacrifice their liberties to the mercy of the district administration and police. The records indicate that a deliberate attempt has been made to trump up evidence and to deprive the liberties of the petitioners by fabricating evidence. None of the petitioners have any criminal antecedents, the court said.
“The allegations levelled against the petitioners are not punishable with death or imprisonment for life. There is no direct evidence to connect them with the alleged offence. The investigation appears to be malafide and partisan. In the circumstances, in order to protect the rights and liberties of the petitioners, it is necessary to admit them to bail,” the judge said.
The petitioners were arrested and remanded in judicial custody after the anti-CAA protests on charges of being members of an unlawful assembly, armed with lethal weapons, attempting to set fire to the North Police Station in Mangaluru, obstructing the police from discharging their duties and causing damage to public property, etc., on December 19 in violation of the prohibitory orders. They moved the High Court as their bail pleas had been rejected by a sessions court in Dakshina Kannada.
Comments
In Mangalore people are busy over fighting for animals, religion issues etc. Nobody is interested to fight for the development of city, Safety of people and corruption issues.
Standing United is the solution for all problems in mangalore.
Why blame the bus driver?
The omni driver should be taken to task for filling the car with so many children. Parents and schools do not care how children reach the school. Its because of this overloading that when accidents happen then there are maximum fatalities.
no words to say after seeing this incident. Innocent kids kills like this? Subhanallah.
Heart is crying breathlessly. May Allah bestow Jennathul Firdouse to all the kids.
So sad! May God grant those parents to over come with this grief.
Government is solely responsible for it....tax payers money is not being utilized for road broadening work...same roads and millions of vehicle added every year in to it and this is the out come. Everyday we hear some or other kind news of accident....
Please stop killing human being in roads. No value for life here in our country.Please see & follow traffic rules of UAE. Put some heavy fines
stop taking bribe. Small buses for school recently banned in UAE.
These types of acts do not fall under accident.
This is purely due to HIGH IGNORANCE, NEGLIGENCE, DISOBEDIENCE to TRAFFIC LAWS.
No sincere efforts can be seen by any Govt rulers, functionary, bureaucrats
This is worst than cure less diseases like Cancer or AIDS.
The public now should immediately make agitation that all concerned start doing stop of accidents due negligence and the same way close all liquor shops.
RTO and Traffic dept is only collecting taxes, not doing their job. If they implement existing rules and dutiful, such accidents can be avoided. Transport Minister and RTO fully responsible for the recent increase of accidents.
May God give enough patience to concerned families and rest in peace departed souls.
Heart rendering pics of angels.... Pray Almighty to give patience to the Parents / Families of the little angels who have died / injured.....RIP...
seriously i am really tired of hearing the accident news, please traffic dept must do something to stop the accidents.
Very Sad.....
Kill the Bus driver by pelting stone in the mid of the road. These drivers (Specially Express Bus Driver), they just want to reach their destination on time let anybody die in numbers and they don't even shiver
ohh god, feeling very sad,
really sad to hear the news, i just cant imagine whats going on with their parents, such a small kids they are.,
i saw some bus drivers under aged, please traffic police should verify them and cancel their licence to drive in the city.
this bus drivers think that they are the king of the road, all private bus should be banned.
This is not accident. this is called road terrorism. Over a 100 killed in Udupi district in recent days duo to the rash driving.
This reckless bus driver should be hanged to death.
Really heart-wrenching accident. heartfelt condolence to the family.
plz let us know the name of the those children?
Shocking. May god provide the families who lost the kids, the strength of bearing the pain
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