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
today TRUMP ..tomorrow SUNNY LEION ...no doubt about that
and interested thing is TRUMP married thrice ... can cheddis ?
TRUMP likes to eat COW MATA and PIG BABA ... do they like?
one more interested thing is his grand father FREDRICK TRUMP was barber and owner of hotels and BROTHELS ....
Trump likes to have BEEF with cake, they forgot to bring it in the Party, Sena he is a BEEF (MATA) eater. Careful buddies!!!
This clearly shows that chaddis are anti nationals.
Because they are celebrating the birthday of one person who always hate Indians and scolded Indians many times.
Don't be surprised if these chaddis forget RAM Mandir and start demanding Trump Mandir...
How sad......what more can be expected from worshippers of Godse
This is what happens when some people remain illeterate. please my dear friends send your children to school, educate them, highly qualified to atleast understand what is right and wrong, so we will not see such kind of stupid brithday celebration in our future generations.
Good news....
Childrens be prepared for one more National Holiday (TRUMP JAYANTHI) in india.
Shameless Creatures....
Muslims are so powerful....chuddies (Trump) are scared......
he will ask \who r u ? touble mongers?"
Wonderful celebration by the RSS/ SEENA Mongers, these Buffoons thinking what??? Once Master Donald elected then he will teach Goonda Sennas A good lessons because he is Americians, these Cruel Baboon's not yet understand these American's, Puppet of Arabs, they will not believe you Poor Nasty's, they need money they are behind of money my dear Sena Criminals, spend poor people money for celebrating his Birthday totally waste and angry with your Neighbour friends made Dushman!!!!!! you criminals never and ever improve, feel like you Forgotten your died leader.
Jai Hoo Hindustan.
AFTER WINNING THE ELECTIONS TRUMP WILL CONVERT ALL CHADDIS INTO HIS MANGA JAATI.
Finaliy the RSS parivar proovd that hitler is the grand father and his belover is the father of the parivar.any how they not celebreated thire on father birthday so enjoy this tyip of stupid birthday,jai hoooooooooooooo
Now they forget to celeberate death anniversary of Late Takre.
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