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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, Feb 19: Playing down the simmering discontent among the disgruntled legislators who missed a cabinet berth again, Karnataka BJP on Tuesday denied any revolt brewing against Chief Minister B.S. Yediyurappa.

"An unsigned letter in Kannada circulating in the social media is bogus, as it was fabricated in the name of Santosh, a private secretary to Yediyurappa. No revolt is brewing against the Chief Minister," party spokesman G. Madhusudhana told news agency here.

In the second cabinet expansion on February 6, only 10 newly-elected legislators, who defected from the Congress and the Janata Dal-Secular (JD-S) in July, were inducted, leaving the party's many aspiring lawmakers miffed.

"The talk of about 20 loyal MLAs ganging up against Yediyurappa is a speculation as rumour mills are working overtime. No rebellion is brewing against the Chief Minister," asserted the official.

On the charge that Yediyurappa's younger son B.Y. Vijayandra was acting like a 'super or de facto CM' and medalling in the state administration, Madhusudhana said the latter was only assisting his father in party activities as he was also a party worker.

"As Yediyurappa is 76 years old and ageing, Vijayandra is helping his father in party affairs so that he (Chief Minister) could be free to attend to administration," Madhusudhana said.

Yediyurappa's elder son B.Y. Raghavendra is a three-time BJP Lok Sabha member from Shimoga in the state's Malnad area.

With six cabinet posts vacant in the 34-member ministry, many legislators, including eight-time MLA Umesh Katti, are upset that they have not been rewarded for their loyalty to the party even six months after the BJP returned to power again in the southern state.

On the purported meeting of about 20 BJP MLAs at the residence of state Industries Minister Jagadish Shettar here on Monday, Madhusudhana said it was a "get-together" as they were all in Bengaluru again to attend the budget session of the state legislature which began on Monday.

"There is no crisis in the party. Our government is stable and will complete the remaining three-year term in office till May 2023," he added.

Mangaluru, May 4: As the coronavirus lockdown norms have been relaxed in the coastal district of Dakshina Kannada, people will be able venture out for essential activities from 7 a.m to 7 p.m.

The lockdown was imposed in the coastal district on March 22 midnight to prevent the spread of Covid-19. Initially it did not apply to essential services such as sale of food, groceries, milk, vegetables, fruits, and meat and fish. Gradually the administration had to intensify the lockdown and allow those shops to remain open between 7 a.m. and 12 noon. However, today (May 4) onwards there will be relaxation of lockdown between 7 am to 7 pm. 

Precautionary measures like maintaining social distancing has been urged and use of face masks has been made mandatory.

Permitted activities

• Permission for plying of auto-rickshaws, cabs, private vehicles and bikes has been given. However only three occupants, including the driver will be allowed and no pillion rule is applicable for two-wheelers.

• OPDs, medical clinics are permitted to operate.

• Standalone shops, shops located in neighbourhood colony, residential complex will be allowed to operate.

• Private organisations can function with 33% staff capacity while allowing work from home for rest of staff.

• E-commerce activities only for essential goods permitted.

• In site construction activities in urban areas, rural areas including MNREGA works.

• Permission is only available to open the shop in the market and in the market complex.

Prohibited activities:

• Movement of individuals is not permitted for all non-essential activities.

• Travel by air, rail and inter-State movement by road.

• Functioning of schools, colleges, and other educational and training/ coaching institutions.

• Hospitality services, including hotels and restaurants.

• Cinema halls, malls, gymnasiums, sports complexes, bars, clubs, swimming pool, entertainment parks, assembly halls, etc; barber shops, spas and salons, textile and apparel(clothes) shops.

• Social, political, cultural, academic, entertainment, religious and other kinds of gatherings; and, religious places/ places of worship for public. 

• Shops in urban and rural areas, for non-essential goods not allowed in malls, markets and Market Complexes.

• All types of traffic movements will be prohibited after evening (7 pm to 7 am)