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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, Mar 26: In a second coronavirus related death in Karnataka, COVID-19 test results of a 75- year-old woman who had died on Wednesday has come out as positive, Medical Education Minister K Sudhakar said.

"I regret to inform that the COVID-19 test result has come out as positive for patient, who had succumbed to death yesterday. The govt stands committed to curb the spread of Corona Virus in the state. Please stay home, stay safe," Sudhakar tweeted on Thursday.

Health and Family Welfare Minister B Sriramulu too said the lab reports regarding the death on Wednesday have come and it has come out as positive, and death was due to COVID-19.

The exact cause of her death would be known only after the final report comes, both Minister had said on Wednesday.

The woman from Gauribidanur in Chikkaballapura district, had returned from Mecca in Saudi Arabia recently.

Sharing details about the woman, Sriramulu in a tweet on Wednesday had said, she died at Bowring hospital here at 1 am, and was suffering from diabetes, chest pain and hip fracture.

The patient was undergoing treatment in isolation ward at a hospital in Gauribidanur, later for more treatment she was shifted to Rajiv Gandhi Institute of Chest Diseases in Bengaluru, from where she was shifted to Bowring hospital on Tuesday," he had said.

This is the second coronavirus fatality in the state.

Earlier this month, a 76-year old Kalaburagi man died "due to co-morbidity and was also tested positive for COVID- 19", becoming the country's first coronavirus death.

Udupi, Jun 24: Nearly four years after he was arrested in the murder case of NRI entrepreneur Bhaskar Shetty, the District Sessions court has granted conditional interim bail to Niranjan Bhat, one of the three prime accused in the case.

The development comes two days after the death of Niranjan’s father Srinivas Bhat(65). Though Srinivas and his driver Raghavendra were also arrested in the case on the accusation of destruction of evidence, they were released within a month.

Through his lawyer Niranjan had appealed to the court seeking bail to perform his father’s post-death rituals. 

After hearing the arguments, the court granted conditional interim bail till July 7 on furnishing a bond of Rs 5 lakh. The judge directed the accused to report to the court on or before July 7 to be taken into judicial custody.

Bhaskar Shetty, who owned a chain of supermarkets in Saudi Arabia, went missing from his house in Udupi on 28 July 2016. His mother Gulabi Shetty lodged a missing person complaint on July 29. The police arrested his wife Rajeshwari, her son Navaneeth and astrologer Niranjan Bhat on the charge of murdering Bhaskar Shetty and destroying the evidence, in Udupi on August 7, 2016. Rajeshwari is already out on bail. Navneet is still in prison.

Shetty was murdered at his house in Indrali and later his body was taken to Belman. It is alleged Niranjan Bhat had put the body of deceased Bhaskar Shetty in the pit used for Homa rituals and burnt it.