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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.

May 28: The Karnataka State Election Commission on Thursday announced postponement of gram panchayat polls citing the COVID-19 pandemic.

Out of 6,025 gram panchayats, the tenure of 5,800 gram panchayats will end by June-August 2020.

"After examining the feasibility of conducting general elections to gram panchayats, the State Election Commission, considering the current situation as exceptional circumstance, has decided to temporarily postpone the general elections to the gram panchayats," the SEC said in a release.

It said after examining the situation in the days to come, the decision will be taken on holding the general elections to the gram panchayats.

The CEC also states that report by Deputy Commissioners of districts on holding the elections was verified and it has been found that district administrations are involved in COVID-19 related work and there will be shortage of staff and transport facilities for the elections. Besides, there would be a problem in maintaining law and order.

Last week through a letter to Deputy Commissioners of districts, the commission had sought opinion on holding panchayat polls amid the COVID-19 crisis. It had also pointed out that electoral roll needs to be prepared and reservations had to be allocated as per the new amendments.

Stating that the state election commission's decision to postpone gram panchayat elections was against the provisions of the Karnataka Panchayat Raj Act 1993, the Leader of Opposition Siddaramaiah said the Congress will question this "undemocratic act" in the court of law.

He accused the commission of playing to the BJP's tune and said the congress will protest the decision at gram panchayat level.

Opposition parties in the state, especially congress, have been demanding elections.

The government was in favour of postponement of polls and wants to have administrative committees to govern the panchayats, until the polls are held, according to government sources.

The Congress, raising apprehension about administrative committees, has accused the government of conspiring to have ruling BJP workers as its members.

A congress delegation had last week submitted a petition to State Election Commissioner B Basavaraju and urged the Commission to hold elections.

The congress had even suggested continuation of sitting panchayat members until the polls are held, instead of appointing administrative committees.

Bengaluru, Jun 29: Bengaluru continued to see a sharp spike in covid- 19 cases as 738 more people tested positive on Monday that took the city's tally to 4052 of which 3427 is active.

The surge in Bengaluru pushed up the number of positive cases to 1105 across Karnataka. The total number of cases in Karnataka now stands at 14,295 of which 6382 are active.

The death toll stood at 230 as 19 more people died in the 24 hours till 5 pm on Monday.

Karnataka, particularly Bengaluru, has seen a sharp rise in cases over the last two weeks indicating the possibility of community transmission and further rise in cases.

Estimates by government authorities project that Karnataka will have around 25,000 cases by mid-August.

R.Ashok, the revenue minister incharge of covid- 19 in Bengaluru on Monday told doctors that they would have to dedicate another six months to contain the virus indicating that authorities were expecting the case count to rise in subsequent days and months.

The city reported over 3,200 cases since 19 June as against 844 cases between 8 March and 18 June.

There are around 500 containment zones in Bengaluru that is likely to have an impact of business and activities in the state's growth capital and its efforts to revive the economy.

The state government on Monday held meetings with private hospitals to increase the number of beds available for treatment of covid- 19.

The number of people in intensive careunits (ICU) jumped to 268.