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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.

Bellari, Feb 23: Fringe outfit Sri Ram Sena leader Sanjeev Maradi said on Friday said that organization will reward Rs 10 lakh to the person who will 'eliminate' those who have raised "pro-Pakistan" slogans including Amulya who recently raised "Pakistan Zindabad" slogan at an anti-CAA protest in Bengaluru.

"We request both state and central government not to release them (Pro-Pakistan sloganeers) on bail. If they will be released Sri Ram Sena will eliminate them or will give a reward of Rupees 10 lakh to those who kill them," said Sanjeev Maradi.

"We condemn such slogans. This is like a virus. First, it happened in Jammu and Kashmir, then in JNU, then Mysore and then a student named Amulya raised pro Pakistan slogan in Bengaluru," he added.

A girl named Amulya raised 'Pakistan Zindabad' slogan on Thursday at an anti-CAA protest where AIMIM chief Asaduddin Owaisi was also invited.

Thereafter, a case was registered under Section 124A (Offence of sedition) of the Indian Penal Code against the student.

Meanwhile, Imran Pasha, the organizer of the anti-CAA protest said that Amulya was not invited to the event.

"We were the organizers of the event. At around 6:45 pm on Thursday, when I and Member of Parliament Asaduddin Owaisi were entering the stage area, we did not notice Amulya was present there. I did not invite her," Pasha told media.

Bengaluru, Jan 1: Elaborate security arrangements have been made in view of Prime Minister Narendra Modi's two-day visit to Karnataka on January 2 and 3, officials said.

The Special Protection Group officials had a meeting with state government officials, especially the police regarding the security arrangements.

During his stay in Tumakuru, drones will not be allowed and anybody violating the direction will face stringent action, said a notification issued by Deputy Commissioner of the district Dr Rakesh Kumar.

According to the tour itinerary, the Prime Minister will reach Bengaluru on January 2 and fly to Tumakuru by a helicopter to visit Sri Siddaganga Math.

PM Modi will later take part in the Krishi Karman Awards function at the Junior College grounds where he will address a gathering and distribute fishing equipment, a government press release said.

The same evening he will return to Bengaluru to visit the Defence Research and Development Organisation. He will stay at the Raj Bhavan.

The next day, the Prime Minister will inaugurate the 107th Indian Science Congress at the Gandhi Krishi Vignana Kendra Campus at the University of Agricultural Sciences in Bengaluru, before flying to New Delhi in the afternoon.

To oversee the arrangements, Chief Minister BS Yediyurappa visited Tumakuru on Tuesday and held a meeting with officials.

Speaking to reporters later, Mr Yediyurappa said PM Modi will reach Siddaganga Math at 2.15 p.m where he will pay his obeisance to the seer there.

He will be in the town till 5.30 p.m on January 2, he added.

"Later, he will take part in the Krishi Karman and Krishi Samman Awards function which about 1.5 lakh people are likely to attend. He is going to give awards to 28 progressive farmers from 21 states," said the Chief Minister.