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 you study Hinduism in deep you will get mad. Like
1.Brahma got married to his daughter
2.Draupadi had affair with Karna.
3.Shiva chopped one head of Brahma
4.Shiva used to take ladies avatar for fun.
5.Ayyappa is the son of shiva & Vishnu.
6.Hanuman got married to crocodile.
7.Shiva failure to recognise his son ganapathy.
In reality following hinduism is like worshipping everything. Creator and his creations.
If you go for study, you will come to know that its an imaginary story not real like cartoons.
Ram is based on kaalpanic story of Valmiki(Thief)
In Sri Lanka there is no evidence of Rama. Its only available in Nagpur.
Good comedy serial the new tele serial mungere lal key haseen sapnee India never sleeps with all such comic episodes.
Dis guy is begging to change the religion hahaha....i dont understand y all saffron groups are so worried abt Muslim.
o barking dogs go to china and pak boarders area save our country...
ONLY Hindus converting to Islam. They know that Islam
IS TRUE religion.
No educated Muslim will Convert to Hinduism. Its impossible.
So stop dreaming. Look vhp's family members might converted to Islam.
Look at ur own house first.
Ondu Manga ninthu yeno bagulatthe adanna kelalu saviraru Mangagalu Kulithive.Yentha Vipariyaasa kanri.
What a Joke sir ji.
We dont want to be with you people in Jahannam.You people carry on.We are happy as a Muslim.
Such a huge majority of population....don't know why they are afraid of minorities....
So now on everyone go and live in jungle....
Where to find ravana....
Should ignore wife and kids in jungle....and can't recognize own kids?..
Really difficult task ....
And what about other gods..... forget them....come on
Rama couldnt save his own wife sita. How can he save u
Barking dog first you try to secure by yourself & your leaders those who are depend under government security.... Muslims dont need protection from you, Alhamdulillah we have one god Allah to protect us...
People like you are 2% in this country barking to spoil the peace & harmony between society.
Do not try to check patience of your own community peace lovers of society... Soon time will come where your bajarangis will start searching to enter space like rats... ha ha ha...
those hindu community k liye kalank hai.... True Hindu tho o hai jo peace lover hai....
@ Senior Vishwa Hindu Parishad Leader... who are you to protect others? You Cannot protect Yourself unless Allah wills... You are the black sheep of Hindu Dharma Coz your thoughts itself indicates that you are an atheist. You don't belong to any religion,
I wonder who will protect you fromAllah if you did not repent and accept Muhammad (peace be upon him) as your prophet
A 'Jain' asking 'Muslims' to convert to 'Hinduism'. Excellent example for communal harmony in feku (i dont mind if you read 'e' as 'a') age.
when Mr Jain converted to Hinduism ? just ignore his lose talk
To know how God created all that exists....
The Non Muslims should read THE QURAN... U will come to understand who is following what.. (U can try thequranproject online)
And to follow Prophets of God ... It needs God's blessing...
Some hate mongers are missing and they even cannot identify whats good and whats bad to the society.
To honest people on EARTH... Just ask once \oh the one who put Soul in me ... GUIDE me...\"
U will surely SEE the real colors of LIFE of who is with whom, if your INTENTION is right... TRY IT.."
Prophet Adam (peace be upon him). Was the first human being came to the earth. So by all means all are in this world should be Muslims. So now if all Hindus revert to Islam we will give you security to eat beef.
Mr. Beans & Mr. Badane of our Mangalore. Please be aware that most of good hindus are not following these goons. Jobless chaddis..oh sorry panties. They could able to gather only this much crowd. Beary nakulna madmed ned dhla jaasti jana barpundu maarre.
mental manja, now the statement clearly says if muslims dont shun islam then they are under threat ?
i cant stop laughing hahahahaha, we dont need the protection of chaddis.
OUR PM has joined with paksitan, will you boycott our PM .
Bloody hypocrites.
This Bullshit has nothing to do... Spreading venom in the society.. and useless govt continuing their silence towards these Sangah Parivaar, Why the Govt can't ban the anti social elements..
Islam is such a golden religion, don't you ever think that in your dreams....
India Ninna Ammena astiya?? Dirty people with dirty culture.
Shia Sunni ok! Dalit, Jain, Brahmins yaake? Y this Kolaveri D thaatha?
Quote\ Jain went on to claim........if they want to remain in India\"
unquote
May be Jain needs treatment in Mental Hospital as he says the above sentence to Hindu brothers & sisters which is impossible and he is fully aware of it.
then why barking ...... ?"
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