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
They were all about to release soon....what was the necessary to Jail break.....Naren Mukli burnole Gathi
Abdullah who are u to tell me to move my language ? You are the follower of an uneducated
Hey Bopa mind your language.
For your religion the name was given by Muslim Arabs.
There is no name and no history for your religion. all are dirty stories only.
It contains Rape, murder, illegal children, war, father dont know his own kid, God dont know his own kid, God dont know his wife pure or not, wife killing his husband who run and go inside the ass of a bull(hahahaha), Homo sexuality, etc, etc......
They are innocent. Fear the wrath if god
They are our enemies and not innocent. police.
I can see a lot of Muslims comments here are as if they are Pepsi ed by the death of these fools. Did they think about the poor policeman whom they killed before jail breaking ?
If I had the power I would ensure that the bodies of these 8
B***ards are cremated after dipping them in pig fat
Very happy to note this. Well deserved 72 virgins ....
Is Allah stepping up \virgin\" production because more of you want to join ISIS ?"
Abu Mohammad can i also add that a 53 year old old man taped a 6 year old Little girl ?
Also who told you guys that KSA is a Muslim country ?
I am a citizen of the free world and consider all countries to be non-Islamic (I.e. HUMAN )
Superb macha rajesha ...correct agi helidiya guru ....no mercy and no sentiments for those people who say religion first And nation next and back stab our nation and misuse democracy for their advantage ...look at the sympathisers for terrorists. ..no wonder isi has strong base in India ...namak harams are in large no ... Haha ...namak harams yaaru Ntha helale bekilla ....we can easily make out ...when innocent rudresh ( not even a single case against him) was killed ...jihadist third rated guys rejoiced....jai Sri ram ....bholo Bharath mata ki jai ...we will have 2 pegs extra ....kushi na tadiyakke agtha illa. ...
Wow superb .....elree faizhal Bhai ..banree Johnny Walker haaksana ...haha ...encounter made my day ...blood thirsty Islamic millitants who back stabbed India got encountered ...hodeerappa tamte...dankanaka dankanaka ....whether it is fake or genuine we don't give damn for jihadist Muslims death ....zero tolerance for Islamic militants is must . Israel style we need to enact ....perfect execution.....hara hara modi ...jai jai modi ....once bjp govt comes overthrowing khan grace govt ....we will ensure terrorists pays same price ....how can we forget the killings of nationalist Indians by Islamic militants ....bholo Bharath mata ki jai ...jihadigala Bali haakida Veera police rige jai ....Bali padyami dina entha subha samachara ....long live bjp ...long live Israel and India relationship ....I heard 45 rounds were fired ...50rs x45 2250rs ..very good deal ...tax payer money saved ....
Inna lillahi wainna ilahi rajioon... May Allah grant them Jannah if they are really innocents...
No doubt, its pre planned MURDER not encounter...
Saffron police have to answer below questions
1. Is only one police there to guard them? where are the other police?
2. Why only these 8 person escaped from Jail?
3. How they used bed sheet to cross high wall?
4. How is it possible that they were made encounter on same spot all together?
5. If any person throw stones at police then encounter will be solution?
Purely this police have pre planned to make murder of Muslims... We cannot call him as terrorists because till now no court has proved their status to terror activities... Because of saffron police & politicians these innocents were fixed purposefully to make drama.... For above case need probe against the police who made this murder & if he found guilty then he should be hanged without any delay.....
May Allah protect innocent muslims who are arrested in false cases...
Well planned Surgical encounter.....
as per Mr. Parikker' (Defense Minister) previous certificate to RSS will take response ...
Ache din once again....
planned encounter!!!
Unanswered questions:
1. 8 so called \SIMI\" members was in one cell which is against protocol.
2.Before sunset all cell must be close and key should be at jail office, how come they came out of jail?
3.Highly secured jail got only 1 officer to monitor and only 1 officer got attacked? Prisoners can broke jail by attacking one officer??????
4.Once broke the jail, other prisoners were quiet while they were moving around..!
5. Highly secured jail doesn't have CCTV and only 1 officer to monitor?
6.Using spoon as weapon they came out of cell and killed officer..!
7. Why Police kills those 8 members even after they are unarmed? If they had arms who gave them within hour? How they got sports shoe and well cloths? Why don't shot on leg when they are unarmed?
8.If they are dangerous terrorist or criminals, they would have spread different way when free bird.
LKG students also can guess this is well scripted and well planned murder by Police to divert Vyapam and Failure of Govt."
@Rajesh
Even a lay man would say its totally a fake encounter. No need to celebetate. The communal govt has did it on the eve of deepavali. Very simple to understand.
Anything can happen when people who are responsible for murdering thousands i
Scripted encounter.
Sure. Planned Encounter..
Mashallah ... what a shot so 72x8 virgins please book for this guys ...:) hip hip hurray ... kindly enlighten us who allots babes in heaven :) not a loss for nation . so party time as muslim terrorists were killed . kudos to police for saving tax payers money .
#20 Ahmed, Al ain
Dear Ahmed
How much funds you have received from Sangh Parivar to post this comment ? Either you are an agent of RSS or with fake name posted the comment. Before commenting on Wahabi's try to study about Wahabis.
Bopanna.... when you feel Muslims are totally ungrateful wretches. then why are you eating the income of a muslim country and feeding your wife and children with that criminal income .... Why cant you leave saudi and serve the Indian army and feed the PAPI PET ( stomach ) of yourself, wife and children with dignified income by serving the army.....shame on you for the sake of hunger, you are ready to have any shit .....
Innalillhiwainnailahirajoon God will punish those who are guilty
Mandeyalli Bondillada Bopanna - Vishnu raped Tulasi Devi, was he a Muslim? Krishna raped 16,108 girls was he a Muslim? 5 Pandavas repeatedly raped Draupadi at the behest of Krishna - were they Muslims? Brahma raped his own daughter Saraswati - Was he a Muslim? Kunti Devi was raped by SURYA, YAMA, VAYU, INDRA were they Muslims? Madri was raped by ASHWINIS - were they Muslims? Vishnu was raped by Shiva to produce Ayyappa - homosexuals having a child- Hollywood too cant imagine this ...the list is endless....
Well done.. they killed innocent in the early morning. So this is totally acceptable ..NIA please go after PFI leaders and KFD .becoz of these groups fringe groups associated with sangh parivar unleash terror against innocent Muslims. Time has come to take firm action against PFI, KFD and other wahabist backed organisations.
For sure it is a pre planed act from police. What is the need of killing all 8 ? Did they counter attacked police with Guns? If not then what was the need to kill all? There is something behind this story.
There is no doubt, this is a planned murder. May Allah forgive the sin of all the eight brothers and bestow them Jannah In sha Allah.
This is 2016 and all can understand what is reality and what is drama.. Bopu what are you doing in KSA? YOu should join armed forces here instead of having bread and butter from the one who u hate..
No Doubt, fake encounter. Elections coming up in northern states. When surgical strikes drama subsides, we have this new story diverting people's attention from real issues.
CD, should be faster in updating its news . According to other news channels, it is claimed that these eight SIMI members were trying to ATTACK THE ARMED FORCES WITH SPOONS..!! Yes, you read it right with - SPOONS !
There a Rabid Sanghis in the comments section. Do not pay heed or respond.
cold blood murder. total 8+1 .
well planned drama. if properly investigated the truth will come out. truth ??? it is not possible??? in RSS controlled state.???
need supreme court to investigate the truth.
need to investigate by our ex judges like Mr. Santosh Hegde.
Bopanna had some bad experience while he is residing in K.S.A. He said something bad about muslims community because he was the victim of rape. Muslims raped him, killed him and pillaged his property. That was the reason for his frustration.
Only so called SIMI members got chance to escape highly secured Jail..!
Those don't have charges, will die in encounter. Those who are real terror like Aseemananda, Sadhvi gets bail.
Failure of Govt. cover up by scripted sensational news as gift of Diwali.
In Hyderabad also did the same last year prisoners died with hand cuff \ severe fight between Police and alleged terrorist in Police van\".
It happens when Encounter specialists ruling our country."
Bopanna defines Islam is the religion of peace and the way of life and he accepted that there are black sheeps in the community.. Being residing in saudi arabia he learn a lot about Islam. Hope he will practice more and one day he hill embrace it. May Allah give him hidayah.
Why muslims are being encountered.....there are many rss terrorists are in jail....why no encounter....strange....well planned....
Another Fake encounter................why to kill? because they were Muslims.......all these encounters are to Hide VYAPAM Scam.......
Ashwin........8 Muslims Escaped from Jail ......and thousand Fake Hindutwa Terrorists are happy ....
As per Muslims, terrorism has no religion. So why muzzies here are crying for them?
Well planed encounter, bopanna islam is the only way of life and peace,,,, study well, if you do not study you will be like bopal police, black heart and join hands with rss..
To complete the DRAMA 8 + 1 innocents were eliminated while real Terrorists are ruling the country.
this sounds strange to me . this is a plot where they were told to run and shot at them. we muslims are ready to die, any how we have to die today or tomorrow, if they are killed for false charges then they are martyrs.
and to Bopanna you are living in a muslim country did any muslim arabs kill any one for the sake of hindu religion. dont just bark like a dog
All hate speeches are given by your so called leaders of BD and VHP.
Total Conspiracy!!!
This is a planned Encounter, 100%
This has to happen one day when innocents are framed detained and languish for years without trials. On the other hand convicted terrorists like aseemanand, sadhvi, prohit and other gujarat 2002 murderers supposedly to be hanged by this time are either acquitting, getting bail from their respective BJP ruled states.
True followers of the Religion of \Peace\" indeed.
But the definition of \"Peace\" is this :\"Strike terror in the hearts of the Unbelievers....\"
Kill the Unbelievers (Hindus).
Rape the Unbelievers (Hindus)
Pillage their property
In short, Muslims are totally ungrateful wretches."
8 MUSLIM terrorists escaped from jail..
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