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
Dear Sameer,
What can i say, if a Bat hung upside down and laughs at the topsy turvy world. The Bat is also right in its point of view.
I do not benefit from what others have to believe.
So let him follow what he feels right.
Dear Suresh, Its not matter of brilliant or stupid Mr. Kiran Kumar has logically explained the fact and reality, which being hindu I do 100% agree.
Sameer,
Regarding Kiran kumar's comments, i can only say \If we all were so brilliant like him, then today everyone of us would have been Scientist \"
one of his point I agree, real religion is Humanity, love and compassion towards fellow being and all living being on earth.
God is great.. Jai shri Ram, Jai shri krishna,"
Suresh, what you say about Mr. Kiran Kumar comment!!!
Wake up man!!!
Dear Ahmed Ali K.
Yes just by looking at the story isn't it true that at a point of time even you felt that Narada is more powerful than Lord Vishnu himself. This greatness Lord vishnu.
God will never want his devotees, his saints, to be humbled or humiliated, insulted at anytime.
Its is Lord vishnus way of telling we people what is the importance the value, dignity of a revered saint, devotee, guru in his eyes.
The story of how Lord vishnu disguises himself for his devotees
for Sena barber, Lord vishu/hari takes form of Barber and cuts hair of the Sultan.
for Bhakta Kumbhar, Lord hari comes down as a servant and does all pottery work.
for Bhaka Sakubhai, Lord vishnu comes down as daughter-in-law and does all household work and take care of her in-laws till she returns from pilgrimage from Pandarpur.
For Saint Namdev, he comes down to eat prasad at the famous Pandarpur vithala temple.
And the List is endless.
There are more knowledgeable people than me who can explain better.
Jai shri Krishna, Jai Sri Ram.
@Irfan - As of now there are many many good peoples like you living on earth. He will certainly come, when there is not a single good person like you left on earth, then god will manifest himself in some form.
Hope you got it. Jai shri Ram.
Oyee Naren you should look at this now.... This is funny really! Where are you guys why no protest now??
Ramayana, Mahabharata both were frictions/scripts like movie stories written by normal human being Valkimi & Vyasa. Unfortunate that we blindly believe/follow such frictions and ignore the real religion that is called Humanity!!
In reality there is only one super power that's called GOD, who is controlling this entire universe!!
@ Suresh,
present scenario Adharma is increasing why your God is not coming in any form, he is tired or in deep sleep.
Hey Ram, Kya kaliyug agaya !
Dear Suresh
For Clarification only
If Vishnu is a \LORD\" and how can Narada curse a lord?
In this cases Narada is powerful and he should be given higher position"
'He does not have a material form'(na tasya pratima asti).He is transcendental.However matter too comes from God. It is God's energy/potency. He being all powerful can choose to manifest Himself in a material form. That is called a deity not idol. Hence it is deity worship not idol worship. Also idol is a imaginary form, however the material image created is based on detailed description of Sri Krsna. Therefore it is not imaginary.
Islam is not revealed scripture. It provides no clear conception of God. It has created an imaginary personality called Satan and yet blame others for 'idolatry'!!
Dear SURESH,
Ekam evadvitiyam - He is ONE only without a Second.(Chandogya Upanishad 6:2:1)1
Na Casya Kasc ij Janita na Cadhipah - Of him there are neither parents nor Lord. (Svetasvatar Upanishad 6:9)2
What U are telling is stories made by some people who deviated U guys from the true one God..
How can U believe such ill made up Gods who are falling for curses & monkey... .Please use your god given intellectual. & identify what QURAN says about GOD and compare it with what U claim to be God.
Lord Vishnu's incarnation as Sri Rama, was becoz of curse of Narada.
When Narda once insisted Lord vishnu, what is \Maya\", then the next moment Narada was in Maya. He fell in love with beautiful princess whom he wished to marry. So Narada prayed to Lord vishnu that he get the face of \"HARI\" Lord vishnu's face and lord vishnu granted him the wish. But the other meaning of HARI is monkey. So narada got the face of Monkey. Thus Narada Cursed Lord Vishnu, that he may be born as Human being, undergo pain suffering of separations from wife and children. Thus lord Vishnu took 7th incarnation as Sri Rama and this was all pre destined. Infact the purpose of curse of narada was also pre destined. The whole purpose was to anihiliate the Demon King Ravana, and cleansing the earth of evils.
Nothing new. \"Whenever there is decline of dharma and increase of Adharma, then the lord manifest himself for protection of the pious, the destruction of the evil doers and establishing virtue. Thus the Lord manifest himself in every age in one form or the other.\"
Nothing new, people please stop -(being silly, talk silly and doing silly things around). Please read Ramayana, Chant Lord Rama's name and and be happy. In the end only this name will liberate your soul.
Jai Sri Ram."
Put rape and cheating case against Lord Krishna as he raped lot of Hindu girls...what a shame God
Dear Manohar,
Ur divine book also mentioned that GOD is one & Na tasya pratima asti...There is no image of God -
Then How come some people made the pious human being as GOD. as there is no image of God..
We request honestly to look & research your divine book & find the TRUTH behind worshiping the idols...
Suppose Ram found guilty, what type of punishment the Honarable Judge will deliver and how he will be punished??
For sure, He is not God
He was Born & He died same like WE people.. So he is a human just like us... People who are smart will know the reality behind such deception of making human god and collecting money... God doesnt need money... But God ask people to give money to the POOR and not himself..
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