Fed up with delay, Kalburgi's family files plea for SC-monitored probe

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.

A 32-year-old Dalit man was allegedly stripped and assaulted by a group of 13 youth in Karnataka's Vijayapura for reportedly touching a motorbike of an upper caste owner, police said on Monday.

"On a complaint by the Dalit victim (Kashinath Talwar), we have booked the 13 accused and investigating the incident, which occurred at Minajgi village near Talikoti on July 18," Vijayapura district Superintendent of Police Anupam Agarwal told reporters here.

"Though Talwar claimed that he touched the bike by mistake and pleaded for mercy, he said the accused severely thrashed him with sticks and footwear and took off his pants while he lay on the road haplessly," Agarwal said, citing from the victim's 2-page complaint in Kannada.

A video clip of the assault went viral on the social media and triggered outrage in the district against the upper caste accused, as the intervention by the victim's parents did not stop them from carrying the assault. Vijayapura is 524km northwest of Bengaluru.

Dalit man stripped, thrashed in Karnataka village just for ‘touching’ bike pic.twitter.com/pMLSnaVcTp

— coastaldigest.com (@coastaldigest) July 20, 2020

Talwar's father Yankappa also alleged that he, his wife and their daughter were also attacked by the accused when they tried to rescue him from being brutally assaulted.

In a related development, two-three women in the village also filed a complaint with the police against Talwar for allegedly eve-teasing and 'flashing' before them.

"We have summoned Talwar to inquire about his conduct as the women alleged that he teased them, touched them inappropriately and exposed his private parts while they were washing clothes outside their houses," Agarwal said.

2/2

Here is the FIR and complaint copy pic.twitter.com/mKmJ2NC5bR

— Kiran Parashar (@KiranParashar21) July 19, 2020

Mangaluru, May 27: Karnataka’s twin coastal districts of Dakshina Kannada and Udupi today reported 11 and 9 fresh covid-19 cases respectively.

In Dakshina Kannada the covid-19 patients include seven women and four men who had recently come from Maharashtra.

One of the patients is a 3-year-old child. Others are girls aged 11 and 17, women aged 36, 37, 45, 59 and men aged 22, 35, 39 and 46.

All of them have been shifted to covid-19 hospital from different institutional quarantine centres. 

In Udupi too all the nine people – six men, a boy, and two women -  had come from Maharashtra a few days ago.