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
Hindus population could have raised to bit more if Modi, Praveen Togadiya, Mutalik, Sadhvi and other hate mongers could have married.
How our friend in Singapore, is tolerating, when he is branded as IMPOTENT..... When feku Modi is going to take these classes
Go and give your product to Mr. Narahantak Modi first.
Calling hindu men impotent for selling his product. new strategy of marketing...
Calling hindu men are impotent for selling his product....new marketing strategy.. nw wherever he go he will sale his viagra by spitting venom
Muslims has good quality sperm than Hindu, because we believe in one God. If Hindu needs sperm to increase their population, we are ready to supply for free.
Har Ghar main hoga bacha apna
Person who couldn't prove in potency is preaching and marketing his product... he he he
fog out from well
We are already 1.5 Billions....oh my God this stupid is giving wrong idea for hindus....instead he could help securing jobs and education for underprivileged people since their own party BJP is in power.....and is trying to take our country towards ignorance, poverty, illiteracy...
By this kind of speech no improvement will come in to Hindu community but all Hindu girls and women definitely think about the Hindu youths if they are unfit to be with a lady than what is the use of madicine
What a Fantastic Minded man, looks his Brain lost his control, You Bull of the Gate, You need Help to Increase your RSS Population Just a Shout we are here to help, afterword's do not tell \Love Jihad\" once falls Love there is no RSS,Bajji or Ranggi there is Male, Female Master Thogadaia Annanna, Why all these your Counter Partner Master Naraen Gangasara no teach you, we Trained Master Naraen he passed in Distinction level. Do not worry Thogadianna we are here for that, no worries even in Bullet Train or Aeroplane we help you to Produce more and more!!!!!!!!!!
You look like a Watch men in a Appartement, be smart Handsome look then only opposite Gender Love you Master Thogadia, In this stage Looking your Face Like Ugly Baboon no one will not Like you Master, be care otherwise all these Bangali Goons will pick up all go like Gentle Man.
Call us we are awaiting.
Jai Hoo Moidanna
Jai Hoo Hindustan."
IS TOGADIA, the hate monger, Married?
Yaa rabbe... ee report oditt nande nombu poyithaant nakk doubt aayo undu.
Our system is so impotent that Police cannt arrest Togadia. Why? Togadia is against Modi. Deliberately he given dis statement just to harm Namo
This is an attempt by NaMo govt to distract attention of meida from its failure
If impotent Indian media can cover d Charlie Hebdo cartoon or only fight with soft ones i.e Sakhi Maharaj,Togadia,VHP,Bajrang?
Who unable to produce children calls others to make more children who already have enof childrens...! He prepared Indian Viagra for others unfortunately doesnt work for him.
If you have courage marry a women and taste the family life instead of teaching others which is can't do by yourself.
The chemicals in plastic cause male impotence. Plastic water bottles being the biggest source.
It is a huge leap to link a decline in population growth to impotency - what evidence does he have to support such outrageous claims? Chances are that the size of families is being limited by deliberate choice, and not physical fertility problems. Anyone with such a mentality should not be allowed to breed at all!
LOL. Here is another...... But No outrage ?
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