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
Ahmd
What are u teaching vedas to them. they are not following vedas, because they are worshiping Devils.
Ganapathi's father Shiva, Could not recognize his own son Ganapathi, How will he Recognise u.
master plan of MELVIN.. he need post in BJP.. tiz move is very danger to christian community please dont believe MELWIN and RSS ....
OMG...Christian Hindu Bhai Bhai....Hum Saath Saath Hain..Dear Father's And Sister's Dont forget Church attack incident that took place in Mangalore. These are the same people who beat innocent Nuns, Womens and Children. MIND IT.
why don't Chaddis go to churches and masjid..???? why don't they show unity..????. Chaddis wants other religion people to live like their slaves. (vinashakala vipareetha buddi)
This is not communal harmony ....this is an act of cowardness .....
Communal Harmony does not mean worshiping another God or another god of any other religion ...Harmony means give and take respect and love each other. and do respect all religion ....
DOnt misuse Communal Harmony
Guys in movies u have watched khans dancing , praising In front of Hindu Gods....but It doesnt Mean They worship or Believe...its a Part of Movie To entertain.....this Is Also same Its Part to Maintain harmony....plz take Things In different Angles....
Prem ...Jesus never Denied When His Follower Called him God.
VIREN #6
Muslims are NOT ABUSING but telling the TRUTH.
Vedas says NA TASYA PRATImA ASTI which means there is no image of God... it also says God is one ...
Muslims are telling that what VEDAS says is right and we ask U guys to PONDER on Y VEDAS says the following
*NA TASYA PRATIMA ASTI (S upanishad 4:19)
*They enter Darkness those who worship natural things, They sink deeper in DARKNESS those who worship Sambhuti (Created things) - Yajurveda 40.09
*God is one without a secong (Chondogya 6:02 1)
*Of that God there is no image primita (YV 32:3)
* All those whose intelligence has been STOLEN by material desires, they worship many Gods - Bhagwat Gita 7:20
READ to understand ...
Remove your hatred and use your intellect to know the reality of IDOL Worship.
You pray Ganapati and throw him in the sea at the end of the day....pity on you guys....I have seen people take drinks and dance behind it...no God fearing...no honesty....no devotion at all...looking for creating problems around....very bad....
They could have gone and prayed some other temples but not in RSS HQ....shame on them....they are scared of.....Muslims would not do this type of shirks....
Dear Vimala... #7
It is better to obey God (Who says worship him alone) rather than disobeying cheddis who want people to bow down to idols.
U will never recognise the devils trap in worshiping many man made created objects UNLESS U READ the manual from God...
QURAN challenges human being to create a book like that or a verse similar to it.
If U not read, then please read it and use your intellect to know what God says about the CREATION and life of this World... Please
Recognise YOUR CREATOR and worship him alone... it will be better for our life and hereafter.
Here some Zakir Naik Bhakts are trying to preach their religion. I request the moderator to remove the unnecessary out of the topic comments.
You have done a good job by posting a news report that spread the message of unity. But, some readers trying to create communal disturbance.
God Created man with intellectual power which we need to use it.
Stones are created lifeless by God
When we dont use our intelligence, We bow down to lifeless objects instead of God himself.
Its a great injustice done by human being to God..
God created U and U worship the STONES.
People should know who is their CREATOR rather than bowing down to lifeless object which cannot benefit nor harm the intelligent mankind... which blessed with life itself.
if U R TRUTHFUL in searching God ... He will guide u, if u are HONEST.
Dont fall trap to LIARS and AGGRESSORS of our Society.. God's help comes when we stand with the TRUTH....
Ok Ok.. I fully agree that these are peace loving people. By the way where were they when true Indians were fighting for the freedom of the nation? Both of them were with ......?
This is the spirit of truth. It attracts people of all faiths. Hats off the Christian nuns and fathers for their open minded gesture. Muslims should learn from Christians how to live in a multi cultural society.
As rightly pointed out by V Nagraj ji, these nuns and priests have proved their honesty. Can the peace loving Hindu community expect same gesture from one umma gang? Or they will continue to abuse all Hindu gods as per the teaching of their scripture ?
I think they did not woship Ganapati. They just offered a saree and took prasadam. Actual worship takes place in the heart and it cannot be seen by anyone. This is just a harmony visit.
If God cannot recognise his own son... Then how will he recognise his creation ....
If God cannot replace his son's head , Then how can we depend on him for our blessings.
Something is wrong.. either cheddis are against NA TASYA PRATIMA ASTI or those who worship idols are ignorant about God...
Please search for TRUTH.. God guides those who are HONEST from their heart..
No need to Fear cheddis and sell your souls to cheddis..
Worship the Creator and not his creation...
Jesus never said worship me but the father.... (God).
Na Tasya Pratima Asti - There is no image of God.. (What U worship in the form of idol cannot be god as per Vedas)
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