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
Tipu is one of the few freedom fighter who didnt bow his head to British and fought bravely and died in the battlefield. unlike RSS, VHP who bowed their head to be their slave. Now these little puppies have grown up to speak against Tiger of Mysore forgetting his contribution to the indian freedom struggle. Secondly if Tipu had converted hindus into islam by force then there would have been not a single Hindu left in the country now while Hindus make up 80% of Indian population. Foolish people talk without any logic.
Hindu jaya Gosh (gosh of beef)
who is tippu. he is a crimnal. why shold we celebrate his birthday?
If these goons kill Gandhi the person who gave freedom and did ultimate sacrifice for the nation, then how can we expect these goons will talk fairly.
Now Mr. Jain himself is a Jain and not Hindu. He should set an example by denouncing his religion and should join Hinduism.
About Muslims joining Hinduism,
Mr. Jain come for a healthy debate.
If Hinduism proved to be true, all Muslims will join Hinduism.
Like wise if Hinduism proved to be untrue, you first join Islam and ask your people to accept Islam.
They only calls... but no body listen to them.
Wah Re Wah... What a meaningful statements by Mr Jain, the member of non violent community! Thooo nin janmakkishtu
Jihadist and Bajrangi's mentality are same. Both are terrorist. Please just ignore them.
instead of this time waste, do good to the country, help poor family to come up in life.
Tiger-Tippu is being remembered for his bravery.... and entire country is appreciating for his hard work....he is the only king stood against british rule at that time....these chaddies were supporting british....nobody from chaddies fought for our country for our freedom....they should be ashamed of themselves.....
Creating violence in the peaceful society is their birth right!!
Bap Ray Bap what's going on here and there, Mallu
We need thorough research to unearth the historical truth.
Tipu was never a freedom fighter and was fighting only to save himself and like mentioned to convert to islam. It cannot be condoned that others did so can he. What kind of logic is this to support tyranny. So by default we are agreeing to BJP's ghar vapsi. What wrong VHP is doing if Tipu was right in his actions.
None of the royalty was \freedom fighter\".They were fighting for their own glory and power. The poor faceless people who died for the country after 1857 were \"freedom fighters\""
none of these castes and religions belongs to India. Hindu, Christian, Muslim. All this people are developing wide spread hatred among people. In India we were having Dravida origin people. They may have converted to Buddism or jainism but not on any compulsions from out side Indians but due to the intuitions from the times GURUS like mahavir or buddha. Even before that we had aadi dravida culture. With out having the detailed study or finding on the back history, we are spreading hatred on starting from edges of the last point.It is mere nonsense. Tipu sulthan the great may have committed crime as a king. the christians preachers may have converted people to their religion by force or else. At this point of time study and analysis may favour some historical revelations but creating hatred in the name of religion and causing poor people to lead violance is a ploy that every religion at every time played in and around the world. Israel, Arab countries, US, UK, Australia and even in Africa these game plan works and the loosers are always the down troden common public and the profit makers are always the top leaders of the religion as well the politicians. This is the corrupt intolerance
Nobody is with clean hands. Something or the other is done by everybody in general for their survival. If everybody's history is revealed the person will be caught in somewhere in the middle of his life. There is no any such great person who did all good things for others. So stop this hatredness and let's see how to move forward with the country where there are types of religion, race, community, caste, creed and culture. If this comment goes on with UCA then they are also poking their nose in the issue which is not related to them. Kindly if you are not able to do goodness please do not agitate the country. The seed sowing job is done by the communal parties in the year 2002 by demolishing Babri Masjid and massacring thousands of people from a particular religion. Remember. Don't blame the religion. and UCA and BJP/ VHP/ BAJRANG DAL or so called sangh parivars is going against the Karnataka government and the INDIAN Government decision. We would like to thank to the HONORABLE CM OF KARNATAKA and the Congress leaders who has taken rigid decision to commemorate Tippu Sulthan. Tippu never opposed. In fact he used to work with secularism where in his court he was giving equal position to all. Like Poornaiah, and the list goes on. He fought with the British rulers bravely. They only awarded him as THE TIGER OF MYSORE for his bravery. Even English mothers tried to make the child sleep by saying his bravery. So stop blaming UCA. This UCA should not come into picture. They also joined. Ha ha ha ha ha !!!!!!!
Thanks to our Historians. These historians were patronized by ruling elite, to give us wrong history. We were fooled. Ms.Danya Rajendran had tweeted that she knows a family by name 70s. That is, they are descendants of 70 families, in Mysore, whose males were killed by this Great Tipu. During his period, there were JUST TWO temples in his kingdom. This fact is also known after this Tipu Jayanthi celebrations by Govt.
Instead we should celebrate GODSE jayanthi,
pathetic people, need to revise History again to these people!!!!
We never want to celebrate anybody's birthday. Only God knows what is Tippu's situation now as every soul shall die and will be asked with what he did with the life that God has given us...
Aren't they all have any intellect?
If Tippu did not started the War with the British, we would still be the slaves of the British and their chamchas , the cheddis.
Why the stupids want us to believe what they say without learning the history...
Cheddi leaders have tricked very easily many ignorants...Wow there are so many, who doenst use their God given intellect... and they stand with the LIARS... for petty gains...
Dont worry God is with those who are truthful... As a whole evils will perish one day
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