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.
Last week, Mr Modi had not only urged the state governments to take action against those who take law into their hands in the name of cow protection, but also called them anti-social elements.
Comments
Cows need Z+ Security.....
Buffalo's will be worshipped on father's day.....ha ha.....
Can cow god mate on street? Please build Goshaalays before making Sauchaalay......other cow Vidhya balan......ha ha
Mr Pumpwell,,,,,Pls go to Bhatkal Police station, and find out ..who placed the Meat bag in the Nagabana recently..... All criminals.... They themselves do all kinds of anti social acts and blame the other community members...
All these RSS supported goonda gangs are worried of PM's statement. In the name of Gow rakshak they used to make
a very good money. They themselves used to transport the cow and sell the cow. They used to get the haftha from each truck or van who transports cow. Now they worried about their business.
This sharan is doing a lots of money in the name of \hindusm\". These are the real anti hindus. They are spoiling good religion name for their benefit. First of all intelligent department has to check these goons leaders , from where they get huge money and vehicle for their illegal operations."
Let first chaddi Indian army protect our Kashmir, later they are welcome to save your so called \GO MATHA\"."
I really dont understand why GOD need protection that too an ARMY.Being a GOD why can not he save himself.Then how can a GOD protect his beliver's like Sharan.
i thank D Souza but he is unaware that even in HIndu authentic scriptures eating cow meat is holy not an offense
these days criminals are heroes of the nation , definition of nationalist has been changed to RSS , HA HA HA
In Islam drinikg alchohol and selling is prohibited equally ,why you Govt export it without any cowraskshak firewall and restrict inside India , dont you think is a joke , its a created job to kill with licence the humans to save animal , this must be stopped
Pumpwell is partner with Somnath in beef exports ... May be he is losing his profit... but everything will be EXPOSED in near future.
mr sharan quickly go and break the leg of those bjp leaders who export your so called gou matha meat
Dear Sharan Bhai,
Also write him to stop exporting beef to worldwide....
Do you think that government of India exporting beef without killing the cows, in such case it is more painful to Gomaatha, Please don't be stupid stop making drama in the name of cow...
In foreign countries every hypermarket and supermarkets selling Indian beef..from where these beef coming could you ask Mr. Modi about it and to order for a inquiry on it....or let him announce that flesh of Gomaatha only for export not for self use..
If you need more information... we will start a photo campaign of the Indian beef counters in different countries of the world...
We need soldiers to protect cow meat export from various airports and seaports.....
I think SHARAN PUMPwell is ignorant of his own scriptures...
The Aryans of the Rig Veda did KILL Cows for purposes of food and ate beef in abundantly clear from Rig Veda itself. In RV (X86.14) Indra says : They COOK for one 15 plus twenty OXEN.
The RV (X91.14) says that for AGNI were sacrificed horses, bulls, oxen, BARREN COWS and rams. From Rig Veda (X.72.6) It appears that the COW was killed with a Sword or AXE.
He is also ignorant of the indian law too..
How can people follow this IGNORANT & Dig their own hell to themselves as well as their families (Just lyk NAMO leader who was on the run and now behind bars without any bail.. He may getaway but his family is suffering also the family of the victims are suffering. How come these intelligent people does not recognize the evil in this?????????
Mr. sharan,
DO you agree law and order is equal for all. Even if you belongs to rowdy dal or a common man, who gave you permission to assault or humiliate someone in the name of cow.. Be human first then be a rakshak to humans first other animals comes in later stage. Think like a man not like animal.
Dont make your own rules. be cool man..
who are u to protect the cow and take law in your hand
police will take care, why u people behave like goondaas in mangalore karnataka
if cow is holy ... then it is only for ur hindhu religion not applicable for others
need to protect our country and women from rapists then go for special cow , u request to bring the army to karnataka for saving cow.. u r good joker of mangalore
Dear Brother Sharan,
Cows as you were described as 'GOD' need food not the ARMY. Please visit north India and see how your GODS Been treated. Dear Sharan please send some food stuffs to Rajasthan so that we can save your GODS.
Let's stop consuming the cheap Indian exported cow meat
also reminded the PM of an existing provision in section 40 of CrPC that empowers citizens to arrest those who commit cognizable offences.
So Mangaloreans have the Liberty to Arrest Mr Pumpwell for Attacking Muslims and committing many offences in Past as per his crpc40 section?
Viren.. good to see you against Modi...ha ha..
Sharan ....will this letter reach the pm...?
Since govt. has failed to protect minorities from RSS terrorism due to shortage of police force in the state/country then according to Pimpwell logic Muslims should form Minority Army to protect people from RSS terrorism.
He said, It's holy animal. Can some one elaborate how it is HOLY????
Mr pump well if you feel cow is God then better make a round to panambur or baikampady area and see how cows are lying on the road. With food ,
I request all muslims to stop eating beef. Big full stop. We can survive in other ways.
But if we do it..
Will the so called cow protectors promise us they will stop this violence and mess.?
Will the govt stop exporting cow meat?
Will they agree that they will not being another animal as holy god after this?
Lets finish it totally in a decent wAy.
I am in gulf, the indian beef is on cheap offer price now, but still i dont buy it. Its my way of protest against indian beef exporters and govt. any indian meat i dont buy.
Viren Kotian, Udupi,
You need to protect? Do you have any idea about those protected cows in Rajastan and Gujrat? Cows are dying there without food, dead bodies are stinking there and your Gau protectors are not to be seen taking care of them.
Tell your pumpwell to send his Dal to those place to clean up the mess.
A day will come when all these Bajrangi/Hindutva street fighters will teach a lesson to their own masters. That will be the end of RSS.
Good move by Sharan Pumpwell. Why we need to protect? let the centre send Army and shoot down cattle transporters. Anti nationals will start protesting. Let the Army curb the protesters too just like they did in Kashmir.
As per ICRA, Indian Buffalo meat(read as Beef) exports from India to reach to Rs.40,000/- crores in five years reported Business Standard newspaper. PM Modi has to look after the interests of exporters mostly upper caste Hindus and Jains.
Wait a minute....1st of all which law says not to kill the cow...Karnataka govt. Or central govt. Never banned the cow slaughter...... If the law is from ur religious book then it only apply to those who believe in it.... Not us........don't bark anything in media.......youngsters r watching u
First let them protect our women from rapist, law also don't permit to rape or take law in your hand, then what law are you talking about.if you are really worried about the law then allow the police to their work instead of you guys taking law in hand and torturing the innocent.
First let them protect our women from rapist, law also don't permit to rape or take law in your hand, then what law are you talking about. if you are really worried about the law then allow the police to their work instead of you guys taking law in hand and torturing the innocent.
Can any one explain the income of Sharan Pumpwel? what is his monthly income? what is his business? How he earn money?
Eligible for next PM post.
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