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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.

Udupi, Jun 9: A Mesolithic site has been discovered at Iduru-Kunjadi in Kundapura taluk of Udupi district of Karnataka by Prof T Murugeshi, Associate Professor of Ancient History and Archaeology at MSRS College, Shirva.

Prof Murugeshi said on Tuesday that the site is near a rock art site of the Mesolithic period that was unearthed. It is located in the Mookambika Wildlife Reserve Forest. At Iduru-Kunjadi, the finds of Mesolithic tools are characterised by blades, scrapers, burine, fluted cores, arrow-heads and flakes of the non-geometric pattern.

He said that though the site was found two years back, it took time to study and identify them. They resembled the tools found in a stratified context at Uppinangady on the Netravati basin, he added.

Bhopal, Mar 18: Rebel Congress MLAs from Madhya Pradesh who are staying at a resort in Bengaluru, on Wednesday said they went there voluntarily.

Issuing video messages, the rebels said they didn't want to meet senior party leader Digvijay Singh who was briefly detained near the resort this morning.

Madhya Pradesh Chief Minister Kamal Nath and other leaders of the Congress have been claiming that the rebel MLAs were being held in captivity by BJP.

High drama unfolded this morning near the resort, as Singh, a two-time Madhya Pradesh Chief Minister, staged a protest accusing the police of not allowing him to meet the legislators, following which he was detained briefly and released later.

Singh, along with Karnataka Congress chief D K Shivakumar, is meeting police top brass seeking opportunity to meet the MLAs.

Singh hit out at Union Home Minister Amit Shah and Karnataka Chief Minister B S Yediyurappa, accusing them of trying to block their efforts to get in touch with the legislators.

"We have come here voluntarily on our own wish; we have got to know from some people that a few leaders from Madhya Pradesh including Digvijay Singh and some MLAs have come here. We don't want to talk to anybody," Congress rebel MLA from Sumawali Aidal Singh Kansana said in a video message.

"We have tried enough to speak with every one for the last one year, when they did not hear us for one year, what they will hear us in one day? We want to say only this that we have come here as per our wish and go back as per our wish," he added.

Another rebel MLA Govind Singh Rajput too said they have come voluntarily and don't want to meet anybody.

"We got to know that Digvijay Singh has come with a few Ministers and leaders. Unnecessarily at the gate they are saying they want to meet us. When no MLA wants to meet him, they should not be doing this. All MLAs have sent in their resignation," he said in a video message.

Currently, 22 rebel MLAs are said to be camping in the city.

These videos were shared by former Congress leader Pankaj Chaturvedi, a close confidante of BJP leader JyotiradiyaScindia.

In a video message, Bisahulal Singh (Anuppur) said Digvijay Singh had fooled them for 40 years.

"My seniority was neglected. We recognised Digvijaya Singh as our leader for 40 years but he only fooled us. We have come here voluntarily," he said.

"Rahul Gandhi had told us that my name, along with Aidal Singh Kansana (Congress MLA from Sumawali), had figured in the list of state Cabinet but they were struck off due to nepotism," he added.

Pohri MLA Suresh Dhakad said they received information on Digvijay Singh's visit on Wednesday through television channels.

"The present crisis was caused due to Digvijay only. We don't want to meet him," he said.

Karera MLA Jasmant Singh Jatav also blamed Digvijay Singh for the plight of Congress in Madhya Pradesh.

Dimni MLA Girraj Singh said they all have already resigned.

The MLAs who have issued video messages also included Manoj Choudhary (Hatpipalya), Kamlesh Jatav (Ambah), Raghuraj Kansana (Ambah), Brijendra Singh (Mungaoli), Raksha Santram Sironiya (Bhander), Munnalal Goyal (Gwalior East), Rajyavardhan Singh (Badnawar), OPS Bhadoriya (Mehgaon), Ranvir Singh Jatav (Gohad) and Hardeep Singh Dang (Suwasara).

Former ministers Tulsi Silawat (Sanver), Mahendra Singh Sisodia (Bamori), Imarati Devi (Dabra), Pradyumn Singh Tomar (Gwalior), Govind Singh (Surkhi) and Prabhuram Choudhary (Sanchi) also issued videos.

The resignations of these six former ministers were accepted by Assembly Speaker NP Prajapati while those of 16 others are on hold.

The rebel Congress MLAs held a press conference on Tuesday and claimed that 20 more party MLAs want to join them. The rebels also said that they were thinking of crossing over to the BJP in the days to come.

The Congress-ruled Madhya Pradesh has been in a political turmoil since the MLAs resigned on March 10 following the suit of Scindia, who joined the BJP on March 11.