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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.

Bengaluru, Jul 4: In a heart-wrenching incident, a 65-year-old coronavirus patient at Hanumath Nagar in South Bengaluru died outside his house waiting for an ambulance on Friday evening. The body was kept on the road for more three hours.

The deceased tested positive for coronavirus on Friday and immediately called an ambulance to reach a hospital. However, according to his family members, as he waited for the ambulance for nearly three hours, he collapsed on the road in front of his house complaining of breathlessness and died.

As the body lay unattended on the road, it began to rain heavily. Soon, videos of the body lying on the road in the heavy rain went viral on social media. 

A senior doctor in charge of the division, however, claimed that the ambulance had arrived in less than half an hour but the patient had died before they reached the spot. 

"The patient had given samples on Thursday at KIMS and tested positive on Friday. BBMP officials informed them that they would reach his house. But the man, fearing that he may be stigmatised in the locality, began walking to the corner of the road and collapsed on the street and died," the officer said. 

Another health official from Basavanagudi limits said: "As the ambulance staff do not transport the dead, they informed the hearse van, which was set to arrive in 30 minutes. But due to the sudden rain and heavy traffic ahead of the curfew hours, they were stranded for almost three hours later." The officials also said the deceased had been suffering from cardiac ailments for almost 10 years. 

Regretting the incident, BBMP officials said they were helpless as was an acute shortage of hearse vans. "We were told that there were 20 deaths today and there are only eight hearse vans available. They had to shift this patient after attending to another mortality and were stuck in traffic. By then, due to the fear of infection, nobody attended to the deceased," the officer explained. 

BBMP commissioner B H Anil Kumar said that such incidents should not recur and ordered an investigation and sought a report. "We will ensure that such incidents do not recur," Kumar said.  

Following outrage on social media, a hearse van was summoned and the body was shifted to the Victoria Hospital mortuary as per the protocol. Police have opened a case of unnatural death.

Bengaluru, Jan 21: A massive protest against the Citizenship Amendment Act (CAA), National Register of Citizens (NRC), and National Population Register (NPR) was witnessed at Shivajinagar's Chandni Chowk area on Tuesday.

Scores of people came together carrying national flags and placards to register their protest in the city.

Speaking to ANI, a protester said, "People of all religious community have assembled here in Chandni Chowk to protest against CAA, NRC, and NPR. We the people of India are against this law."

Terming the law as anti-constitutional, he said that we support all the states who oppose the CAA. We demand the revocation of CAA and the government should remove conditions in NPR which lead to NRC.

CAA grants citizenship to Hindu, Sikh, Jain, Parsi, Buddhist and Christian communities fleeing religious persecution from Pakistan, Afghanistan, and Bangladesh and who came to India on or before December 31, 2014.