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 and your chelas are feeling un safe in Karnataka, suggest to leave Karnataka with your note counting machine to Gujarat.
2 or 3 goondas got killed because of their misdeeds and this Eshwarappa is saying Hindus are not safe in Karnataka. For him Hindus means few goondas???
JOKE OF THE YEAR .... MR ISWARAPPA..
DONT SAY BIG JOKE LIKE THIS BEC 2U R THE PROBLEM CREATER IN KARNATAKA BJP RSS BD VHP ALL ARE CHILDREN OF ONE MOTHER .. THIER INTENSION THIER GOAL ARE SAME ..
WHAT YOU TRYING TO SAY US MULSIM ARE SAFE IN KARNATAKA THEN HINDHU OH NOOO
But we will never tell Hndus to go to Pakistan.
Let us live together.
Those who politicize, let them go to ......
Jai Hind, Jai Duniya
Pokkade Police Eswaranna....
Joke of the year Award goes to Mr.Eshwarappa.
Next Bharathna Award conform by Modi Sarakar for Cracking Such Jokes.
Aged people should leave Politics Need rest Now.
I think this guy dont know what happening in Karnataka.
may be he only killed that BJP worker.
Mr. Ibrahim, Nepalis are not accepted that their country is a Hindu Country. For this person only option there to jump into sea.
Ibrahim,
Nepal has changed their status now, its not a HINDU country... cos they came to know the reality of Idol worship which is a sin and mentioned in VEDAS that those who worship sambhuti will fall in DARKNESS... They are coming out of DARKNESS and I request our hindu brothers to learn about IDOL worship in VEDAS and also other religious scriptures... Please come out of DARKNESS. U will understand how many people are making money out of this false god concept.
U guys are involved in instigating the public to violence, now U want to increase the compensation for the victim from our TAX money... if your agenda (which will never succeed) to kill the innocent and the oppressed by LIES and deception, then keep some funds for those who are dying for your cause for nothing... their family is suffering from your LIes and deception.
A bus agent/conductor become a MLA/MLC made huge properties and money. Certainly he is afraid of what will happen to him tomorrow. He has a case of money laundering with ED and Lokayukta. If himself not secured in Karnataka, better to emigrate to Nepal, a lone Hindu country in the world.
ESHWARAPPA,,,YENAPPA......IF HINDUS ARE NOR SAFE IN KARNATAKA, THEN WE MUSLIMS ARE NOT SAFE IN INDIA BECOZ OF RSS GOONDAS.
WE LOVE INDIA....
WE LIVE IN INDIA....
WE WILL DIE IN INDIA.....IF ALLAH WILLS.
Eshawaranna Eath Podige Unda Nekleg ................ Enkulu Nikleg Dala malpuji mare.............. Nikulu Enkeleg Updra Malpade
Anti nationals (BJP and Sangh pariwars) are saying this....shame on you stupids...everybody is fine....just keep quite...
Y do the BJP leaders think that WE the public of Karnataka are STupids.... what makes him to give such statements when things are happening the opposite.. Recognize the leaders who OPENLY LIES to the public for the KURSI. if they can give LIES openly , Surely they will never benefit in developing our state...
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