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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.

Bengaluru, Jan 17: Six persons, said to be supporters of Social Democratic Party of India, have been arrested in connection alleged attempt to murder a member of RSS in Bengaluru.

Varun Bhopala (34), a resident of Sarakki in JP Nagar, was attacked while he was on his way to his father's shop near JC Road after attending a pro-CAA event organised by the RSS and other Hindutva organisations on December 22, 2019.

Police commissioner Bhaskar Rao said the arrested are Irfan alias Mohammed Irfan (33), Syed Akbar alias Mechanic Akbar (46), Syed Siddiq Akbar (30), Akbar Basha (27), Sanaulla Sharif (28) and Sadiq UL Ameen (39) - all residents of KG Halli in East and North Bengaluru.

Rao said the arrested wanted to attack and kill the leaders who took part in the pro-CAA event. They initially pelted seven stones to scatter the crowd so that they can attack the leaders, but they failed. Later, they saw Varun walking out of the crowd wearing a saffron shirt. So the arrested followed him and attacked him with lethal weapons. Assuming he is dead, the gang fled on their bikes towards Bidadi.

''The SDPI activists were funded by their leaders to create a disturbance, kill Hindu organisation leaders,'' Rao said. "I have formed a special team to investigate in-depth about the SDPI activities and take necessary action,'' he added.

Kasaragod, May 25: An autorickshaw driver from Belur in Kasaragod was admitted for surgery to a hospital after being hit on the head by a falling jackfruit. He was tested positive for the coronavirus. It is not clear how he contracted the viral infection.

“While he was trying to pluck a jackfruit off a tree, one of them fell on him, injuring his spine. His hands and legs were weakened too. His condition required surgery. Our protocol dictates that we subject everyone who require immediate surgery to the covid test, just to be sure. That’s when he tested positive,” said Dr K Sudeep, superintendent of the Pariyaram Medical College in Kannur.

“He had symptoms of Covid-19. But he has no recent travel history or contact with any infected person. We’re not sure if he got it through one of his passengers in the rickshaw. He had visited the district hospital once so he could have got it from there. Anyway, we are examining it and preparing the route maps,” he added.

His family will be quarantined and health workers have begun to trace his immediate primary contacts.

Though there have been a number of cases in Kerala where a person’s source of infection could not be correctly ascertained, such people have gone on to recover without spreading the infection to others.

The Kerala government is conducting testing of high-risk persons on the frontlines, such as police officials, grocery vendors and health workers, as part of its sentinel surveillance programme, but maintains that there’s little evidence of a community spread in the state.