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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, Jun 28: Criminal cases will be lodged against people for not adhering to the COVID-19 protocol in the city, said a top police official on Sunday.

"Deputy Commissioners of Police (DCPs) and BBMP (officials) are on the streets to enforce wearing of mask and social distancing. Warnings now, criminal cases will follow," said Police Commissioner Bhaskar Rao.

He exhorted people to insist on everybody wearing a mask and maintaining social distance.

"Urge every Bengalurean to enforce mask enforcement and social distancing. If people argue, call 100. We are ready to respond to your calls," said Rao.

Assuring the city residents, he said one should not worry about others being high and mighty while making sure everybody follows the Covid precautions.

"Don't bother about high and mighty factor, whosoever it is, just tell people around you to wear mask and not hanging around neck," said the Commissioner.

On Saturday, DCP Rohini Katoch Sepat conducted a special drive to ensure everybody is following the Covid rules.

"Conducted a special drive along with BBMP marshals, imposed fine for not wearing mask and social distancing," said Sepat.

The senior police officer had also sealed down some shops for not conforming to the social distancing directions.

Sepat personally made announcements through a megaphone, spoke to shopkeepers, pedestrians and walked the streets in enforcing the rules.

Similarly, Rao also warned commercial establishments of raids and legal action in the event of Covid rules violation.

"Shops, malls, banks, hotels, offices and establishments. All of you are already aware of precautions to be taken. If you do not implement mask wearing and ensure safe distance, city police will raid and initiate legal action," asserted Rao.

On Friday, Bengaluru North DCP Shashi Kumar closed down some shops which did not follow Covid rules and rewarded some shopkeepers who adhered to them with roses.

Bengaluru, Apr 20: Karnataka Chief Minister BS Yediyurappa on Monday held a meeting with State Home Minister Basavaraj Bommai and police officers over the Padarayanapura incident that occurred on Sunday.

A ruckus erupted in Padarayanapura on Sunday allegedly over shifting of suspected COVID-19 persons to quarantine facility by the Bruhat Bengaluru Mahanagara Palike (BBMP) officials.

"I met the Chief Minsiter and briefed him. CM has told us to act strictly. I have told the same to my officials. We won't tolerate such acts by anyone. We have arrested 59 people and five FIRs have been registered. I'm going to Padarayanapura now. Will make sure others are quarantined," said Bommai earlier today after meeting the Chief Minister.

Meanwhile, reacting on the incident, former Karnataka Chief Minister and Janata Dal-Secular leader HD Kumaraswamy said that the people responsible must be dealt with proper action.

"These kinds of incidents are not acceptable, its an act of shame. Doesn't matter which community one belongs to, each and every one must follow the guidelines and law. Whoever is indulged in such act must be punished," he said.
In a series of tweet Kumaraswamy said that it was not at all needed to attack the police check post and this act is unacceptable.

The incident occurred in the late evening on Sunday at Padarayanapura which is recognized as a 'Red Zone' when BBMP officials went to bring 15 secondary contacts of corona positive patients.

However, some people and youth created ruckus and broke the barricades and removed police post which was stalled in the area.
Soon after receiving the information, Bengaluru South Deputy Commissioner of Police reached the spot and brought the situation under control.
"Lockdown continues, please remain indoors.

Tomorrow will be as it was till today. We Understand your situation and appreciate your cooperation," tweeted Commissioner of Police, Bengaluru City, Bhaskar Rao.

In Karnataka, 390 people have been diagnosed with Covid-19, of which 16 people have succumbed to the infection, as per the Union Health Ministry.