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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, Jun 15: Karnataka Chief Minister B S Yediyurappa on Monday said those coming to the state from Chennai and Delhi will have to undergo three days of institutional quarantine followed by 11 days of home isolation.

Up till now a seven-day institutional quarantine was prescribed for those returning from Maharashtra, while there was no mandatory institutional quarantine for asymptomatic people returning to Karnataka from other states.

Those returning from states other than Maharashtra were asked to quarantine themselves at home.

"Those coming from Maharashtra are subjected to seven days of institutional quarantine followed by seven days of home quarantine, while those coming from Chennai and Delhi will have to go for three days of institutional quarantine and eleven days of home quarantine," Yediyurappa said.

Speaking to reporters here, he said the decision has been taken following the increase in the number of coronavirus cases from these states.

"It is because of returnees from other states the cases have increased, not because of the local (intra-state) movement, so we have to control people coming from outside, we have to quarantine them and have to tighten measures.

We are making honest efforts in this regard," he added.

Yediyurappa was speaking to reporters after chairing a meeting with top ministers and officials to discuss about the surge in COVID cases in the state.

"There are no plans for any lockdown, and we will request the Prime Minister for more relaxations," the Chief Minister said in response to a question.

Out of total 7,000 cases in the state 4,386 are returnees from Maharashtra and their contacts are 1,340.

Those who returned from abroad comprise 216.

Returnees from other states constitute- Delhi 87, Tamil Nadu 67, Gujarat 62.

Noting that there are indications that the coronavirus infections are expected to increase in the days to come, Yediyurappa assured people that the government will take all precautionary measures required, and appealed to people to cooperate, follow social distancing, and wear masks.

He said it has been decided to observe the coming Thursday as "mask days" by organising a walk across the state and the main event will be held at Vidhana Soudha, the state secretariat.

"Strict measures will be taken against those not wearing masks and not maintaining social distancing here on.

Initially Rs 200 fine will be imposed, this will be throughout the state," he said.

Further stating that the government has made special efforts to control the spread of COVID, he said a special COVID-19 taskforce has been constituted for Bengaluru and surrounding areas, BBMP (city civic body) commissioner and Deputy Commissioners of neighbouring districts have been asked to pay special attention.

As of June 14 evening, cumulatively 7,000 COVID-19 positive cases have been confirmed in the state, which includes 86 deaths and 3,955 discharges.

Out of 2,956 active cases in the state till last evening, 2,940 patients are in isolation at designated hospitals and are stable, while 16 are in ICU.

Yediyurappa said the state's mortality rate is 1.2 per cent while the national average is 2.8 per cent.

The state's recovery rate is 56.6 per cent and the national average is 51 per cent, he said, adding that 93 per cent of the total cases are asymptomatic while the remaining seven per cent are symptomatic.

In Bengaluru, there are 697 cases and out of them 330 are active. The city has reported 36 deaths.