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
@boppanna
At least our prophet married and kept her as a wife........dint leave her in forest after doubting the birth of own wife like the character RAma did in Ramayana after bringing sita from ravana Lanka..... a god doubting own wife....come on..
it is CD Team responsibility to track his record, details and handover to authorised people.
he don't have that much dare to sit at KSA and bark. May be jobless and gossiping with ladies. May be sitting somewhere in slum area and kept family away..
CD Team, please we hereby request you to handover this comments of bopanna and track his comments through which website/location he used and handover to authorised people for further action.
thanks u
@Bopanna KSA
By giving that statement. Don't think u will get away from KSA Govt.
Ur each and every statement might be monitoring. So be careful. rest of ur life might be in jail.
@boppanna
If KSA Comes to know and track u. Then u will be in trouble. They might hang u.
So be careful. Before commenting read the history. U will cry in tears.
Can't allow Muslim woman to suffer...... but can allow rapes ...murders ..and attack on Muslim women in communal violence...specially in Gujarat. And other women of India suffering from liquor drunk husband's and murders...... can allow tobacco products killing their husbands from cancer......can you ban this if you have guts...? Nuts will come in mouth
bopanna
don't take any messengers of Allah's name to insult..you may face disaster soon so be careful and think about your family..
If you want to know about reason why PROPHET MUHAMMED SALLAHU ALAIHIWA SALLAM married HAZRAT AYESHA RADIYALLAHU ANHA, study the history, reason etc. if not send me your email details will share the link so that you can go through it to get better treatment. Also study about his all marriages and realise what you uttered..
your LORD KRISHNA, why he married countless women? have you gone through it? their ages and reasons? leave it ..just look back the profile of your forefathers and study which is more than enough for you to understand and get proper right knowledge..
Just read news about Mohammad Aslam who is a follower of religion of peace .....
Showing his \mardaangi\""
# 25 Bopanna
Bopaana 100% sure you are not born Halal, any way you are the resident of Hell, Like Abu Jahal, Wait for your miss deed speaking ill about Our Holy Prophet Saws, Now Allah will Decree his punishment !
Sooner or Later !
You jokers are complaining about Modi ? Let's start talking about your \Prophet\" - what age was he when he married Aisha ?
He was 53 and Aisha was 6 ! What do you call that behavior ?
Do Kaudi ka Dimaag naheen hai aur sikhane chale aye ..."
Wish he would have realised when he released Babu Bajrangi from jail (who slit wombs of women and killed women & Feotus)
U ruined ur wife's life and career by not giving talaq in young days. And never stayed with her.
Feels sorry for ur wife.
PM Modi is concerned about muslim women..he is not concerned about his own wife...He killed more than 3000 muslims. He is simply implementing RSS agenda...we are now in end times. there will be a big disaster in the world. nobody might have seen and heard that kind of man made disaster...may allah protect our emaan....Ameen.
Super basavaraj ...entha comment ...superb kanree....yelli rikacha and faizal bhai message illa ...mostly burqa hudukta irbeku Mangalore rally nalli participate madlikke .. Yesterday a Hindu gal was brutally raped for more than 20 days in shimoga ...all are perfect manual followers. Haha ....in that many were madrasa students who perfected Quran and ejected for 50 days ... This shows how this third rated jihadis treat women ....yelree faizhal Bhai banreee Johnny walker haakistini banree. ...
What a drama PM! You could have got job in movies! ANSWER US ABOUT KASHMIR! His party along with media is deviating the current heated crisis of kashmir because you dont have a SOLUTION! WE MUSLIM WOMEN ARE VERY SAFE BECAUSE OF THE RIGHTS OUR RELIGION HAS GIVEN US & he needn't show us any pity..if he really want to help us..WE ARE ACTUALLY struggling for RIGHTS TO WEAR HIJAB..ALLOW US!
Modi is the perfect follower of Rama. He threw his wife into fire, she came unhurt, he drove her to the forest, she bore two children, he tried to kill her children, he lost the fight, finally he forced his wife to commit suicide. Modi driven his wife out as she was not beautiful, he neither divorced nor accepted her as his wife - a Trishanku Naraka (hell life in this world) a gift for his wife. what we can expect from a person who cant be a MAN to his wife. Old man's crocodile tears and monkey joke! Laugh loudly!!
Narendra Modi,
Yes Muslim's are well aware of Jews n their policy. And their interaction behind Muslims. Even Jews know very well they cannot come over Islam . You rss just now started hold Jews tail n starred to call jew community as your father. Remember you even don't know how they will remove u all from the universe. So it is better to follow Jews training n not to play with Islam religion.
Jai Hind!
Narendra Mode,
Yes Muslim's are well aware of Jews n their policy. And their intration behind Muslims. Even Jews know very well they cannot come over Islam . You rss just now started hold Jews tail n starred to call jew community as your father. Remembe you even don't know how they will remove u all from the universe. So it is better to follow Jews training n not to play with Islam religion.
Jai Hind!
Dis guy has no ability of looking after his own wife and protecting her. Now duniya badalne chala g...du
Any comments on ua own Wife???
Dear Modiji
When you was the CM of Gujarath how many lives of muslim women you have destroyed in the riots
Dear Modi Ji.
Kindly take a decision about your own one and only Wife Jashoda ben. Please humble request.
When our honorable PM was the CM of Gujarat hundreds of mothers,sisters and teenage girls raped and tortured publicly. That time he did't show any respect and justice to the victim of Muslim women's and culprits are not punished. Now he is acting crocodile tears in the name of protection and justice to Muslim Women. He is fooling the Muslim community.
@ #9 Basavaraja is very Familiar with CAT WALK.
Yesterday there was a rally in UP ...nearly 75% participants were women ...but it was not the case. . Madrasa students and mullahs took their wives burkha and participated in rally ..by looking at their cat walk we could make out
Really interesting. Jashodhaben's life also is ruined by triple RTI talaq.
Sirji, pehle hamara problem solve karo. Baadme beary yonka peeche jao. Come on yaar...Mardangi dikhao...
Where were u mr modi when Muslim pregnant women's were being killed during anti Muslim genocide in gujarath 2002 by ur bjp and bajrang dal activists?
What about joshadabein. Both are One And the same.
Now ur worried. Where were u when Muslim girls where murdered during Gujarati riots.
First look at your wife.
you ruined your wife.
Real Muslims never ruin their women.
first u think about your wife, other women will be fine.
Thanks coastaldigest for remembering his life's love story.
first think about your wife she wasted her precious time of her life. then think about other women's.
Modi loves selfie......he has his wife in Gujrath....he even did not give single talak her....ignoring her.....
Muslims wont agree about his formula....he has to listen to all ulemas.....they will give him a best suggestion.....
Modi is ignorant about Islamic way of life.....
Add new comment