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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.

Mangaluru, Jul 23: Dakshina Kannada recorded seven more deaths related to covid-19 even as the district saw a spike of 218 new coronavirus positive cases in past 24 hours. With this the total number of covid related deaths in the district mounted to 99. 

Among the seven fatalities, the first one is a 36-year-old man hailing from Davanagere. He was admitted to a private hospital on July 16, and breathed his last yesterday.He was suffering from sepsis septic shock, acute liver injury, and acute kidney injury, acute chronic pancreatitis, ARDS, and spontaneous bacterial peritonitis. 

The second victim is a 69-year-old man from Bhatkal, who was admitted to a private hospital on July 7, and passed away July 22. He suffered from heart disease, cancer, renal failure and pulmonary thromboembolism. 

The third one is a 52-year-old man from Palakkad, Kerala. He was admitted to a Wenlock hospital on July 19, and passed away on July 22. He suffered from diabetes, ARDS and respiratory issues. 

The fourth one is an 83-year-old man from Mangaluru. He was admitted to a Wenlock hospital on June 13, and passed away on July 22. He suffered from blood pressure, heart disease and pneumonia. 

The fifth one is a 73-year-old man from Mangaluru, who was admitted to a private hospital on July 21, and passed away on July 22. He was suffering from diabetes mellitus, hypertension, old cerebrovascular accident, hyponatraemia and acute on chronic kidney disease. 

The sixth one a 58-year-old woman from Mangaluru. She was admitted to a private hospital on July 11 and passed away on July 22. She was suffering from type 2 diabetes mellitus and hypertension. 

The seventh is a 52-year-old male from Bantwal. He was admitted to private hospital on July 21 and passed away on July 22. He was suffering from heart disease.

As per the district health bulletin, a total of 31,068 samples have been tested so far. 26,854 have turned out negative, and 4,214 are positive till date. Out of these, 2,253 cases are currently active. 1,862 persons have recovered and been discharged. Among the deceased, 12 are from other districts.

As many as 118 patients were discharged on Thursday from Wenlock as well as private hospitals. Of the 218 who tested positive on Thursday, 36 are primary contacts, 110 have ILI symptoms, 16 have SARI symptoms, and contacts of 57 are being traced.

Mangaluru, Jan 16: Following the widespread protests against the National Register of Citizens (NRC) and Citizenship Amendment Act (CAA), former minister and MLA UT Khader on Thursday urged the Centre and State government to address the concerns of the people.

Speaking to reporters here on Thursday, he said there is widespread confusion among the public with regard to the implementation of the Act. People are reluctant to open their doors to Asha workers, out of fear that the NRC exercise is being implemented, said Khader.

He urged the chief minister and home minister to gain the trust of the people on the CAA issue.