Restore my freedom, allow me to follow Islam and live with my husband: Hadiya tells SC

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 2: A BJP MLA in Dakshina Kannada has tested positive for covid-19.

Dr Bharat Shetty, who represents Mangaluru North Assembly constituency, took to Twitter to confirm the news.

“I have been tested covid-19 positive. With all your blessings, I'm recovering and will be under treatment for few days,” he tweeted. 

He also requested the people to maintain social distancing, wear masks while going out and wash hands frequently.

I have been tested COVID19 positive.
With all your blessings, I'm recovering & will be under treatment for few days.

Requesting everyone to please maintain social distancing, wear mask while going out and wash hands frequently.
Please take care of yourselves & your near one's.

— Dr Bharath Shetty (@bharathshetty_y) July 2, 2020

Mangaluru, June 13:  The Central Crime Branch of Bengaluru City Police, which is digging up old cases involving underworld gangster Ravi Pujari, has now launched a fresh probe into the murder of human rights lawyer Naushad Kashimji.

Kashimji was gunned down on April 9, 2009 at the basement of his apartment in Falnir in Mangaluru. Ravi Pujari had allegedly ordered the hit. 

As part of investigation, a team from Benglauru CCB has come to Mangaluru. CCB sleuths, who obtained Pujari’s police custody in connection with this case, are tying up the loose ends pertaining to the murder of Kashimji who was representing D-Company hitman Abdul Rashid Hassan Malbari aka Malbari. 

Pujari was said to be unhappy over Kashimji representing Malbari. Pujari had also allegedly issued life threats, directing him to desist from doing so.

Kashimji had reportedly received more than 10 international threat calls from March 30 to April 9 (the day he was murdered). According to a senior police officer, the advocate had not informed the police or his then senior Purushottam Poojary about receiving the threat calls. “This came to light when police went through his call records later,” the officer explained.

“CCB team is primarily focusing on Pujari’s role in the advocate’s sensational murder,” a senior CCB officer handling the investigating said. 

“We have also lined up other cases in which Pujari is allegedly involved, but had filed the chargesheet against him in absentia as he was then a fugitive,” the officer added. The team is now picking up threads of Pujari’s involvement cases in Dakshina Kannada, Udupi and Chikkamagaluru districts.

Pujari, currently in police custody in Bengaluru, is accused in more than 30 cases reported in Mangaluru from 2007 to 2018. Majority of the cases against Pujari pertain to extortion and extending death threats, one relating to murder, three to shootings/ abduction and one where he supplied money to his henchmen in prison. Police have filed ‘C’ report in 17 out of 28 threat call cases and ‘B’ report in one case. Rest are in different stages of trial.