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
It clearly shows the fear of Muslims inside the hearts of these Transgenders.
Pandey Kuch bhi..... no one can stop us from consuming beef. Better u and ur followers know it first that its Mangaluru not Dadri. U will not find here any Akhlaq so easily. This is mangaluru jus keep it ur mind
Is is the duty of SK police dept to take action on such anti national group. Hope they will do their duty sincerely by arresting all these anti national deshi drohi terrorist group.
Even they don't have manners,how to attend meeting or to face photographs.
If u really love your mother cow and born to one father ....STOP BEEF EXPORT then come on public stages
No one has forgotten and will never forget....if punished here , it vl be up to a limit, in sha allah one or the other day will reward the wrong doers .....
Oh chaddi anna.. indu dadri ath iregla gotthundu yenklegla gothundu :D hahaha joke malporchi a.. dayeg bhakterna mange malpwer niklu..
All local pakka Gundas, See their face Uneducated, Illiterate people.
All are drinks man....He go to bar eat beef nd drink alcohol... this is his daily routine
Comedy stage shows these unemployed youths are fooled and taken for a joy ride temporarily these people relish the taste of gowmatha please go to any restaurants which serve their lovely tasty gowmatha you will find the majority of visitors to taste their tasty gowmatha are the Hindus and the brahmins I know many brahmins who regularly eat beef so why this natak let these people first solve untouchability racism and inequality within their so called Hindu fold.
Dear Brothers & Sisters of Sanatana Dharma (Hindu),
Kindly keep informing always to your kids, brothers and sisters to stay away from these dangerous elements, now their main goal is to divide our beautiful and blessed India into many pieces like the dirty British/Zionist minded.
Mera Bharat Mahan, Jai Hind.
After the end of dussera. All fake pili gathered together for bread and butter. Every attendees will get INR 500 + Drinks.
BJP imported Advani from Pakistani for their party. All BJP should migrate to Pakistan under Sindh valley for better life.
All Dandapinda gathered together for their bread and butter.
If they are really worried for Cows. Why they don't come forward to stop beef exporting companies?
Because they knows that its run by RSS.
Mun main ram aur dil main kama
try it in mangalore....u will feel the difference and never even say the name cow from your mouths....ha ha....
stay where you are in your limited auqaad..if you cross the limits..then see
People born with land space and time. How can you send part all those things to Pakistan? You can send person to Pakistan but what about the land, space and time he was born with?
Required surgical strikes on all RSS, BD & VHP terrorist training camps in India. We need to keep our Indian land clean from those vermis.
Most of the RSS terrorist become politicians or join police force or become govt employees. May Allah destroy RSS terrorists and keep Muslims safe from them.
ahh, undu oltha posa piece batthini.
We need to send these goons to Nepal....no....I forgot Nepal is a secular country.....wow these goons have no country....
Bela ijjandina bakwaas,,,
Hindu religion is not your fathers property. Hindu religion is full of tolerance and humble . You goons are backed by RSS for their vote bank.
Can anyone talk about the fragrance of Hindusm or to solve hundreds of problems in Hindus., like dowry system , powerty, etc. etc. You people are doing all these functions just to make anti statement against Muslims.
Some of the muslim youth organization became strong because of you people; they are now well organized became strong to fight against you goons.
Somanath the beef exporter is waiting for YOU Guys .. Can you start with him..
Only FOOLS will not understand this old tactics ....
Who the hell are you people to send indians to pakistan or afghanistan... this actors pay tax in crores to our govt, have you chaddis ever paid a single penny to govt or done any good work to society, dont fool the innocent hindu brothers & sisters in the name of religion for your own benifit...... i think this fools bank account has become emty this days
Third class people,
look at there face, people of hell direct ticket.
Jai Hind ........ Bajrangdal Bandh
Moga nokoru......Manishathwa illathanga....inku Popular front rangame sama
Nachige illadavaru .....beligge horata ...rathre sex mathhu beef oota
Manipal Rape case ...soujanya rape case.... bhat sex scandal.... Yara udhharakkagi.....
Hindu ondu...Dalitaranna Kondu
Modi went to Pakistan without informing Indians
All are local goons.
WE WILL NOT FORGET,HELLO HALLI HIDA THIS NOT DADRI,WE MUSSLIM MANGALORE KARNATAKA ,IF YOU DARE DO THE DADRI IN MANGALORE..
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