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.
Mangaluru, Feb 28: In a shocking incident, an engineering student has committed suicide on the railway track at the Someshwara railway station near Ullal on the outskirts of the city.
Comments
At least India woman follows aschame tradition In Karnataka women having a greatest tradition but,
Miss Shobakka doubted as a Kannidiga as well Southcararian!!!!!! at least get marry Akka leave people alone telling, barking lies and heating up kannidigas now it will not digest, yes boneless tounge God created remember one or other day people who evr claps for your tounge see what happens.
Indian tradition "Marriage should be done in certain age specially for woman" if not we know how to call remember!!!!!!
Does people select this waste Shoba only for lying and spitting venum of hate. Its shame that people elected such a lady who is a agent of sangh parivar and taking care of creating disturbance and riot in coastal karnataka. Coastal karnataka is not a hub for jihadis as no jihadi is there but hub for sanghi terrorists who are financed by nagpur based terror group and supported by people like kalla bhatta. She should be deprived of her seat and HC should strip her of this position as she is not representing people but representing sangh parivar goondas. She is the main person behind riots and property loss in uttar Kannada dist. HC should order for confiscating her property worth crores of rupees int he form of estates/ bungalows/ shopping arcades etc etc. and distribute among the poeple who lost their homes + businesses.
What about the murders and communal clashes off her rss.Why there is no value for the victims.Being a peoples represantative why she us always talking about rss I/o Indians. Elected member must concentrate on ournation Indias unity. She iplaying political game by the name of religion. From where she got such huge amount to bit benami propetry coffee estate etc. Last week she asking gun today different demand n tomorrow we expect some thing different only to split the society. At our coastall area these communal deshould drohi groopus want communal clash before state essembly election for sake of vote bank.
Trust qualified peace loving patriot statell people give a right reply with a tight slap on these communal mind politicians.
Jai HIND!
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