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
If muslim had super power with nuclear weapon, figther jet etc. and instead of wearing kurth & payjam they wear black suit with tie like american and then drop BOMB on poor yogesh house and kill all your child, wife, mother after that yogesh try to fight back with old rated rifle" THEM MUISLIM WITH BLACK SUIT & TIE CALL YOGESH YOU ARE TRRROEIST"
Dear YOGEST will you accept This?
you should clean your mind before the soul leaves from your body.
the biggest terrorist in the entire universe is AMERICA dont act like them.
Mr. sangeeth....abba what r u saying my friend really???? first check how many criminals are there in BJP party and corrupted politicians one poster boy example is in front of you Mr. yeddy he is CM candidate of karnataka.... and you people are supporting him..... U people are andh bakht who cant see anything accept modi modi and hindutva..... this chors will not feed you and ur family only you have to..... so think of it before you say something
Mr. Yogesh.... what about your relatives sadhvi pragya, karnal purohit, aseemanand are this people desh bhakts...... who havent hoisted the national flag for more than 52 years....wah bhai wah tum karo to nationalist aur hum kare to anti national........ vinaash kaal
Simple thing is in India if a muslim protests or kills then he is branded as terrorist but if non-muslims do the same they are naxals. I just want to know how many Army personnel and citizens have Naxals massacred.
Stop blabbering. Most of your people are traitors and antinationals. If we, bjp not there, then you would have turned our Bharatha into hell
Mr. Khan, You cant say All muslims are not traitors.. 99 percent of terrorists are muslims... You can check anywhere. I am challenging you mr. khan
Present scenario changed alot. If you are working for society then you cant be in any political parties.. All parties are corrupted
Dear SDPI, PFI workers.., Please note this. Dont be slaves of political parties
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