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
He died of a powder, which was scheduled to end his rowdy there anything special that he did,
Finally RSS got the sponsors for their trousers.
Chaddi to Pants journey
Whoo!!! chaddis have become Panties now!!!
He is a victim...it could be a dirty political game. BJP-RSS finds a good guy in their own association & plots a plan against muslims by killing them. This is well known. But Allah is the best planner. None in the universe surpass him. Allahu Akbar
Dear Chinnan , we condemn innocent's killings ....but these (RSS) are traitors who plot to kill INDIAN Citizens.....and hoisting Pakistani flag in Sindhagi
Muslims never betrayed INDIA .....these are you who traited our country
Quran Says 5:32 Whoever kills a person (unjustly)it is as though he has killed all Mankind. And whoever saves a life it is as though he had saved all Mankind.
Dont judge islam by seeing people rather Islam is totally opposite to what you see.
@ Naresh kotian. Your barking statement neither bring any solution to calm the situation nor influence the people of any faith, unless they are sick minded. I have been reading your sick comments every time, and I'm sorry to say that you are a uncivilized
Some of the morons like Kotians in this forum are suffering from inferior complex
They are jealous about Muslims. And I still wonder why Indian Muslims are associated with the neighbour country when there is no connection .
Why can't u associate us with countries like Saudi Arabia UAE etc
This reflects their cheap mentality and intolerance, which is taught in their chaddi Shaka's
And why surgical within...,if Allah wills a tsunami like natural disaster can wipe out entire humanity without differntiating Hindus mulsim Christians
So stop this hatred towards other communities
And look at the deceased. In which angle he looks like a RSS worker...bcos he looks like a goon.This murder could be for Girl, real estate or drug
Why drag muslims to it , Think why he is killed , muslims do not celebrate death of any person.. If deceased is having criminal back ground , it is a lesson to other criminals , same may face same end...
bros.... why roam with hate minds... spread happiness , accept reality...
Naina, Vijaya,
Please do not come to your own conclusion....let the law take its course of action.....don't count the chicken before hatch....
Its very bad!
RIP ....there is no safety for Hindus in rashtra drohi community controlled congress ..they hacked Prashanth ,charan kuttappa and Raju ....now rudresh....jai Sri ram ....jihadis will certainly have to face repercussions ...they were upset with surgical strikes on their co brothers in pak ...now its high time surgical strikes needed within ....jai sangh parivar ....
@laila; Stop dragging, muslims into ur dirty hindusht politics
Vote bank politics at its best. An RSS worker killed nothing happens! When a Muslim or a Christian is killed (not a good thing either) it is award wapasi time. Sick Congress and Leftists!
No one deserves to be killed in a civilised society.
These type of murders and lynchings etc always happen, just before any elections. These are happening right from Nehru's period. He murdered Shyama Prasad Mukherjee, Rafiq Ahmed Kidwai etc. few more BJP and RSS workers will be murdered by Congress
RSS ? what does it stand for? Rahul-Sonia Slave ?
If a RSS worker is killed it is not a considerable offence because they are fundamentalists. If the same thing happened to others it means atrocities, anti secular, anti national, terrorist activity. When we will get up and live in the environment of reality.
@shiva, If people start killing people of one particular community for insulting girls then almost 90% of them will vanish.
I hate RSS and their Bhakts but killing any person in such a way should be condemned...... If people started killing Bhakts for insulting girls then more than 70% of Bhakts will vanish.
Hack the culprits back in a same way. hindus will not tolerate any oppression either..
If u live by sword, u die by sword
The Cong govt has no answer to give to the people over its failure to protect innocent hindus.
This should not have happened. Very sad. May Almighty Allah give courage and strength to the bereaved family members, relatives and friends to bear this irreparable loss.
Weak policing all over the country are bolstering the criminals to beat, kill, maime each other. Terrible. Strictest action needed.
Hindu murdered,all of u have no problem
But if a muslim/ Christian was murdered,u call it as fascism,terrorism,brutality,...olakkeede moody
What a ****** country
How We Hindus live here
i remember
Kalburgi
Panasare
Dabolkhar...
PARA NARI rudresh is a GOONDA. CPI(M) fools people in the name of secularism. For them secularism is being anti Hindu. They dare dont criticise Islam and its traditions but take pride in talking ill of Hindu traditions and Hinduism.
Lives of Hindus are in dangers under Siddu govt :(
It's Muslim groups who is doing to bjp
It seems rationalists are having a bad time in the sub-continent for the years. Shame really!
So sorry to hear that..
Add new comment