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
If it is so, why did'nt she came out when the incident took place.
If she was scared then, how she became bold now?
Such kind of blacksheep are found in all religions.
And if the priest is guilty then he must be punished as per law of the land.
I was just trying to think what kind of punishment we can give to this rapist.....first and foremost thing is his wife has been committed suicide...for that he did not get punishment....now raped this girl....she will have to face the society with baby which will come up in the near future....
best punishment for this crime is \hang him till death\""
Backstabbing the nation is the biggest crime. This is apparently not a rape. This is consensual sex. May be that woman is used as a bait by anti nationals.
Dear Viren , After this also do you think he is nationalist ? To become natiolist they should qualify by this type of test? Acche Din Already as promised!!!
.............ne walon ko parameshwari ma ke temple mein kue bitaya....
Looks like the troll,who tell this as their internal matter is hand in gloves with the priest or the blackmailer....he must be grilled
Ha Ha Ha Ha...This is called Viren Joke...Viren please list the people and the Crime which belong to ur Internal onces.So that no one in future will Comment on them.
One is Cleared RAPE and RAPIST is ur Internal.NEXT....
stone him to death if he is really a rapist
shame on u, dont call him priest please for god sake.
look at his face, by seeing his face only we can make out he s big proud, should enquir him properly. he stolen many gold jewellery from temple.
now a days for personal grudge some people will do like this. please enquiry on to this simply putting accused photo without clarification its against the law :)
Mr. Kotian Saheb, those who are raping women and those who are supporting these rapists are National, and those who are opposing these evil act are anti national.
Never mind we are anti national for those Desh aur dharm drohi's.
Women is our mother and our sisters.
this kind of human should be banned to enter temple. really black dot of society,
this should be stone to death if allegation against him are true.
No Bajarangi is speaking exept Kotian ? It is his internal matter,
Does Kotian will give the unborn chid his name as father ?
every religion priest are same. they do one thing and tell us to do other things. they only not following which s must.
Why people started screaming. This is our internal matter. anti nationals need not to interfere.
Temple Priest again....
Those who are intelligent should understand surely its not a divine place were many priest are caught in such evil acts specailly with girls.. If girls are not active & did not recognize the DIVINE option of COVERING their beauty to strangers... More of such incidents will follow in near future by these evil innocent looking foxes...
Now be careful ladies.... you are asking permission to go all the temples. Never mind you can go but go along with your blood relation men. Duniya Kharaab hain. Even you are not safe in temple or mandir. There are many Swamiji's were in India facing these charges. You know very well.
In 1400 years before Prophet Mohammed guided that any women who wish to go outside (such as market, mosque etc.) to accompany their blood relation men.
Inquisitive to see Comments from Kotians and like minded trolls
WAKE UP guys! Cheddi will twist this reality & U honest hindus will accept it as it is... Please dont support the culprits who are involved in crime of our girls.... Protect the girls which ever religions it is... Stop supporting the CULPRITS who alwz twist the realities.
Never FEAR this people - FEAR only the one who created U & ME. When U fear the one who gave us soul... our fear for CREATION will become WEAK>>>
Shameless People....Throw him out of Country.Ban him from India.This is what we call Intolerance.Being a priest in a reputed and Historic place how could he do such shameless act.Innocent girl should get Justice.
Pitty on his 20 year old Daughter.
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