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
Mr.Bajarangi,Mr.Modi declared 80%of cow vigilantes as hooligans.Hope you know his address so that you can go to his home if you have damm.
It is sad to read some of the above comments. There should not be such low level comments.
Every Hindus are not fake gow rakshakas and every muslims are not cow smugglers.
I request all brothers of DK and Udupi to respect each other and we should live peacefully in our beautiful land.
These cow protectors do not have ba**s.....
@kiran bajarangi nikh popunda maga
Kiran Bajrangi ..... I know that is your DNA... Not a surprise ... Barking dogs do not bite .... There is no need of my address,, Give your address I will come to your home, to make your job easy....
@ kiran bajarangii
u people are good for these type of work only,
naam patha dehta tho thu ayenga kya .. u wil come wen liquer enter ur stomach... dar pok thuu be
We can feel the frustration in Kiran bajarangi's comments. Calm Down Bajarangi. Before you attack Slaughter house please make sure that no one from your group work their as a KASAI.
Kiran Bajrangi,
Gidad ki jab maut aati hai to wo sheher ki taraf baghta hai. Bajrangi Kasai khane ki taraf.
All these self styled gau rakshaks are un employed, uncultured goons
And they always attack one person in a group of 30-50 people... bcos they actually dont have guts to attack in small numbers for fear of their life ...
Congress is in power. Yet they can't take action against cow terrors.??? They are only limited to issuing press release and petitions, then who is controlling the govt.administrations??? CongRSS or BJP..??
Kya hum bewakoof hain..??
Mr.SK pura naam patha bejo darr pok, will come to your home and beat u.
@ Kiran Bajarani Bhaijan,
What a JOKE. We would like to see you in Slaughter House. Sharan Pumpwel please bring your Ambulance not the ARMY to protect your Bajarangis. All the Best. Abb ayega real Maza
abey saaley me dikatha hoon kithna dum he bolke samne ake dekho kuthe.
Kiran Bajrangi......Pls go ahead ....all the BEST.....let us see, who is your real MATHA....
KIran thumare gaand me dum hai tho slaughter house ko attack karkre dikana. Your 10 people attack a single person.
thanks for the information ivan, Next time we will directly attack slaughter houses.
Ivan at his best, agree this is what happening in india,
mainly this bajrangis are eating 90% of beef in india,
all beef business contact should be given to bajrangdal, then they will be happy.
yahh rightly said MLA saab 'Cows ‘rescued’ by vigilantes in coastal Karnataka end up in slaughterhouses'
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