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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, July 22: Complete lockdown on Sundays and daily night curfew would continue across Karnataka to contain the coronavirus spread, a top officia.

"Though lockdown will be lifted from 5 am on Wednesday across the state, night curfew will continue daily from 9 pm to 5 am to restrict movement of people and vehicles. Total lockdown on Sundays will also continue on July 26 and August 2," said state Chief Secretary T.M. Vijaya Bhaskar in an order here.

The order to unlock Bengaluru and four other districts - Dakshina Kannada, Dharwad, Kalaburagi and Kodagu, which have been under 7-9 day lockdown since March 14 night came after Chief Minister B.S. Yediyurappa declared that lockdowns would not be re-imposed across the state hereafter.

Besides restrictions in containment areas to control the virus spread, the order banned reopening of gyms and prevented use of benches in parks by walkers or joggers.

"All vegetable and fruit markets in cities and towns across the state will be shifted to the suburbs or outskirts to decongest them and prevent crowding," said the order in Kannada.

Wearing mask, sanitising hands and maintaining social distancing will be strictly enforced and violators will be fined.

Suburban train and metro services will continue to remain shut till further orders.

Select long-distance express trains will continue to operate as per the standard operating procedure given by the Union Ministry of Home Affairs on May 30.

"State-run and private buses in cities and on intra-state and inter-state routes will operate with limited number of passengers to ensure physical distancing. All buses will be sanitized and fumigated after every trip," said the order.

Schools, colleges, cinema theatres, multiplexes will remain shut to prevent crowding and violation of social distancing.

Ban on religious functions and mass gatherings will also continue.

Udupi, July 14: Due to rising COVID-19 cases in this district, Deputy Commissioner G Jagadeesh on Tuesday, announced that the border will be sealed down from July 15.

Speaking to newsmen here on Tuesday, he said “Inter-district travelers will not be allowed to enter Udupi for 14 days from 8 pm on Wednesday, however, we won’t be imposing complete lockdown in the district.”

The decision was taken in the meeting held in his chamber in which Legislators Haladi Srinivas Shetty (Kundapur), Sunil Kumar (Karkala), Rghupathi Bhat (Udupi), Sukumar Shetty (Byndoor), among others were present.