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
RSS is the only enemy of India.
RSS should be allowed to wear pants. They look like mentally backward people.
Muslims will manage to get back RSS weapons.
Interesting to hear the jokes of kothi Ann...
Sanghi goon out of India.....staying in Buddha land and disrupting the unity of Indians.....soon should be behind bars....jai hind....
@Naren
Don't think that staying in singapore. And giving communal lines. Will get away from this. Ur each and every comment might be monitoring.
Once police catch u, then ur life will be behind the bars.
Think before u com
@Naren
Don't think that staying in singapore. And giving communal lines. Will get away from this. Ur each and every comment might be monitoring.
Once police catch u, then ur life will be behind the bars.
Think before u com
@Naren
WHY ??? THEY DONT HAVE GUN OF THEIR OWN. I THINK EVEN NAREN TOO WANTS THE GUN. HE ALSO DONT HAVE. POOR CHEDDY?
Donkey never disobedient to its master... whatever loaded on it, it will take...
Similarly there are few human beings despite lot of evidence of the cheddis involvement in deception... They never want to accept the REALITY of their deception and want to continue like the donkeys take their load.. with their mind filled with lies.
We say wake up guys.. look outside the cheddi installed software in your mind and use your God given intellect.
An intelligent human being will understand when shown with proof... and many times cheddis were caught of their dirty activities of doing their evil acts and blaming others...
Karkera exposed their evil acts...
Writers too exposed them
Bomb blast in their own cell
Saffron IT cell exposed with their fake display of nationalism
JNU video tampered
cheddi wearing burka caught red handed last week...
Cow business exposed too
Pakistan flag hositing too caught red handed
Fake FB account too caught red handed...
Only God knows how much bombs they keep in their own temples to create unrest in the society...
Naren, you must be Godse's elder brother....calm down guy....we all know what is RSS all about.....
No wonder. Over and again they openly admitted that they are the manufaturers of terror factories.
Jihadis are having honey moon period as it is khan grace govt as this govt licks their feet ....but everyday is not Sunday ....if jihadis are so powerful...they must directly fight ...not from behind ....if jihadis were so powerful they would have ruled whole world thru oic ...but looking at their mujra infront of Israel only we can make out hahaha....if sangh decides jihadist forces shud run for cover like how they ran in gujarath and muzzaffar Nagar ...we are showing maximum restraint becoz we honour our constitution and respect rule of land....bholo Bharath mata ki jai ..jai sangh parivar ....
We already carry it inside our jockeys......what about chaddeez...if they don't have then why they are wearing it..
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@Brother Venki Cracked a good Joke.Joke of the Millennium.
Do we have another sample like VENKI in India.Please let us know.We need to send to the Kargil area to entertain our Soldiers.So that they can relax their mind by listening such Jokes.
G
What a funny guys they have with them. Mangana Kaiyalli Manikya...
Give them rights to allow Weapons as well allow them to Shoot who ever they wants.
Aur kya kya chayiye? Ek lambi list karo aur khadey hojao line mey.. Dharpok insaan.. LOL .
Some are getting Y guards, some are for Z guards.. Some need x guards.. Until when you chaddis will keep begging??
Hahaha. Saale Darrpok. No doubt they are criminals. Because they are always afraid of death. Noorukala iliyagi baalokkinta mooru kaala huliyagi baalode melu.
Someone was barking before that 60% of the police are from RRSS....
Where are they NOW ... why dont they Protect Your own men even after we citizens pay from our tax money for their jobs.... U cheddis are useless in taking responsibility to protect the society and now they dont even able to protect their own members..
Are the 60% turned their hearts and became good and thought of helping people rather than continuing supporting the cheddi evils... if it is, then it will be good for the people and the society...
Dear,
Please now itself list out your other demands, we will support for police commissioner permission.
Hope your request is to only for your so called brahmin community ?
Disaster, dont forget that they killed father of nation, Mahatma Gandhi, cant trust them at all....
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