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
Balochistan may be important for him, may be next he will run for UN Gen. Secretary's post.
Another important thing from his speech, \When terrorists killed school children in Balochistan, Hindustan, Parliament had tears. Every Indian school was in tears.\"
But, what happened to his \"Tears\" when Gujarat terror happened?? when unborn babies are killed in mother's wombs????"
Really joky comments here by sangheez....utk please wait till our pm finish his world travel drama and selfie collection.....modi already called naren and Viren....trouble makers in the name of go raksha...ha ha...what more should the bhakts need.....shameless creatures ...
Do not put any dislikes or likes for the comments posted by Ve_r_n or N_r_n. Because more you put dislikes they get more encouraged to write provocative comments.
Naren, what a rubbish..... you cannot tolerate that a muslim is a minister....
Utk stop doing drama baazi ...u r fit for nothing ...we all know what u did when u worked as health minister ...35 rs medicine invoiced at 300rs ...hogappa saaku ...kandideeni ...if u r a powerful leader stand in the constituency where Indians are in large no ...u are winning election becoz of j_h_d_ votes .
Modi has no time to meet Siddarammayya to discss Kavery issue, but he has plenty of time to turn his flight to Pakistan and to eat biriyani with Nawaz Shareef.
Mangana kayyalli maanikya kotta haage aagide.
what can you expect from Moun minister....he will wake up during election time and give some speech to fool his blind bhakts like viren...by raising hand..fingers...
great Mouni Baba. never we seen such Mouni baba in Indian History. Manege Maari Pararige Upakaari
He may not go against the Supreme court... but... ahem...ahem...What about Yettinahole Sir?
Good points by Mr Prajwal. These days all bachchalis pose questions to Modiji just to get publicity. That's the power of 'NaMo Naamochchara'
Mr Khader!
You know that Karnataka is integral part of India. But, Modiji knows that both Karnataka and Tamil Nadu are integral parts of India. Where were you when Manmohan Singh was India's PM? Did he intervene in Cauvery row? Did he help Kannadigas?
for Karnataka people, Karnataka is more important than India....For Modi Baluch is more important than India....shame....
Delhi
Karnataka
and those states who doesnt bow down to cheddis will face injustice ...
But dont worry Truth will prevail even if the evil cheddis play many deception (temporary enjoyment for cheddis) to fool the public with fake IT cell of cheddis.
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