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
Sick person....
Ivan D'souza should not go for it when Hindus don't like it.
Regarding religion, when all religious group agree there is only 1God, then that God will not permit to follow different religion.
So, why don't all people search for that true 1religion.
Don't follow any religion just because our ancestors followed it.
Dare to find and follow the truth.
Puranik keep ur diwali in ur temple it self dont bring it to our masjid. But u r welcome to our masjid as a human being bt not as a communal mongar
Any Master Blaster Puranik, which part of the world he is leaving, Like this Buffoons started Destroying the Hindustan, I do not understand, Temple, Church or Mosque all the place to worship for the Human being, in between there is religious wise, Cultural wise, Language wise all we Human made but God is same to all, it was happening before, why nowadays doing like this?????
What these Criminal Minded Puranik Climbing up some one, he Looted, he did alot of crimes and stored a lot for him and his belongs, all these Criminalism effects the Poor people, they will suffer, while coming to Poor there is no Bajjis, Raniss VHPS will not help. mind it all these Criminals only await to loot only.
In my Elder time I Entered all these places, no one said anything.
While I was is South Africa I see there are Two Foot path one For White One For Black, looks like, These Goondas looking to make like Hindustan, this is Destroying our God's own Country, That means all are sufferers okay Gentle Mans of Hindustan.
Purnikanna Do not bring your Personal Enmity to destroy our beautiful country.
Jai Hoo Hindustan
Jai Hoo Siddaramanna
Jai Hoo Moodiji.
Jai Bharath Matha.
Baratha mathe kayyalle, baratha dvaja illa....Desha drohigalu yaru?
Muslimaru yava baratha mathe ge jai helbeku? RSS!?
Jai hind, jai bharath. We are proud to be indian.
RSS, VHP, Bajrangdal should be BANNED. they are real trouble maker and anti national, those killed our Gandhiji.
Dear VHP Brothers
A true Muslims never entertain idol worship, Either it is DARGA OR DURGA. Dont dream of a Muslim converting to other religion. Rather we heartly welcomes you people to the true religion ISLAM, in sha Allah which you will realize one day. And the day is not far.
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