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
Best Decision?? how do u know ?? How can you tell that??
Happy Married Life
hahaha.. sorry yaaro odihodlu antha burnol and itch guard haakolllodakke naavenu jihadi gala ... we are now enjoying surgical strikes on mini pakistanis ... kushi ge yenne hodeyodralle busy weekend nalli ... saw indian channels , in almost all channels ...Jihadis and burqas ninthonkondu modi na baiyyodu nodidre gottagate ,burnol and itch guard yelli jaasthi agide antha gottu ...
neo converts are used by ISIS to wage Jihad , namge worry irodu ashte ... its two way process kanree ... even last week i saw 2 muslim gals leaving piece ful religion towards hinduism and christianity ...
abbu beary samadhana kanappa ... nin kashta artha agatte ... rashtradrohi kelasa nodi ... police and NIA involve age agatte ...yevano jayanthi anthavne kanrappo ... jayanthi annodu hoge haaksi kondavrige kanappa ... swalpanadru general knowledge beku .. madrasa product antha gottagi biduthe ...hhahaha...adakke bere 6 liikings , it proves madrasa education yaav level ge antha ...
Naren Kotian
You have mistaken Sanathan Dharma. We are the true followers of Sanathan Dharma which prohibits Idol Worship.
We recite Gayathri mantra 17 times in our prayer. Rigveda 3-62-10
It is the first chapter of the Quran.
It has to be logically from One Supreme Creator who has no Image. Creator who is unlike His creations. Understand the Truth. Study your scriptures learn sanskrit come back to the Truth.
Because Truth is going to succeed and falsehood is bound to perish
She has come back to the Sanatan Dharma
Happy married life for couple. Burnol+ itch guard to naren Singapore.
Best decision from her side, congrats
Naren bhai ... u have mistaken !!!! The picture what cd published here is her old picture when she was a piece , in sha allah we can see a peacefull picture of her in the future with the hijab
MADHUVE JAYANTI FOR BOTH...AND BURNOOL JAYANTI FOR CHADDIS.
If Muslim girl elopes with Hindu boy, police intervene to unite them. Here, the case is vice versa and the same police are separating the couple. What a tragedy.
her t shirts speaks alot she left peaceful religion( sanatan dharma) and joined piece piece religion :) hahaha ... not a loss,its two way process ... but NIA must track these guys becoz converts are used in ISIS .We know 21 neo converts joined ISIS from kasragod . there is chance of waging jihad against own country
This love, staying with a girl before marrieage, and dont know the islam , Quran and hadith. Simply enjoying in duniya is not the behaviour of true muslim. They are spoiling their life here and here after even took birth in muslim family and have a name of muslim. and also they are spoiling the name of our muslim community. Our prophet Muhammad(PBUH) Said, a Muslim sweeping lady is better than other non muslim girls to marry.
made for each other.
let them lead their life. good or bad finally they are the one who suffer.
giving birth , giving education , love and everything by the parents and finally the girl is saying that i don't want parents and the boy who poses like Salman Khan is her choice.
she will repent one day.
at the moment let them both enjoy....
Wher is my comment?why you do not posted my comments?is there any mistake is there? please CD dont show double standeard becouse im one of the reguler reader..
This is the result of advanced tech. Parents has to check their all mobile no.s which has fake names i.e real boys name as girl's name (dummy) and incoming calls blocked by lovers. Only user will unlock during parents absence.
parents are not much educated enough to the effect of Facebook and whatsapp. If you want to provide phone to your children give them simple phone where they can not download illicit apps
May Allah (SWT) guide the couple with hidaayah!!! We should not blame them. Islam is not dependable. Enough preacher for Islam.
Congratulations Girl for the best decision.
Police dept to call both both parents with them and discuss face face and try to solve with in their limit and both elders satiso actiso action.
Interference of any dirty criminal groups, anti Indian groups or any communal mind political leader or their organized goonda group department must take strict action and send them behind bar at least for one year period for igniting communal tension.
Trust this will spoil all trouble makers intention and their political benefit gains.
irrespective of religion all middle class citizens are suffering with present red currency exchange procedures. In between communal mind politicians creating problem and planning communal tension is not faith.
God will never accept thought.
Jai Hind!
Well she should not be blamed it is bcoz of unproper teaching if she know teachings it would not had happened
Congratulations to the couple, leave in peace, take care of each other.
we respect all the religions, but above all it's love. loving each other is more important than anything else. They have won the love, may god bless you, LOVE IS GOD.
Cute Couples, happy married life to both.
Add new comment