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
he dint toook 34 lakhs with me i lied. b7t yeah he is a frnd of mine
i dint think my frnd navneeth would do like this. navneeth was a good frnd of mine he is a cheater nw he took 34 lakhas with me at 26 august cheater navvneeeèth......
Apparently, Navneet is a very ardent follower of Crime Patrol programme on TV. If people can raise fingers at Zakir Naik, and ban him and his teachings, and probe into his involvement in terrorism, then in this case, the channel and producers of Crime Patrol should also be charged with the same. I wonder where Arnab Goswami is hiding now!
What is the use of huge wealth, poor man killed by own people what did people involved achieved. We always talk of development education. What is meaning of education and development ? That old golden days we are far better than now where we did not had cc tv camera no proper road no public transport no powerful education institute but WE WERE SAFE ON THOSE GOLDEN OLD DAYS.
Hang all three ..shameless and merciless people
Tell the world that Naveen is impressed by Zakir Naik Lecture.
Where is the priest....arrest him for terrorizing that family..see which temple he went ..close it down..or ban his school....ha ha.....as you do with muslims
Very bad people, how can we trust this world...poor guy...
These people are family friends... We're all good people... I used to play with that boy as a kid.. I smell something fishy ..
Mage mallaye, Ammeg kullaye
He should have saved his life by staying in Saudi Arabia. India is not safe, people even get killed for having food, for honor, for rupees 15, for nothing, for rights etc.
Father rest in peace...
Someone make mother + Son piece piece...
Bastards.
need to give proper treatment to son and the mother , put inside the jail forever or hang them in public ...
from this incident all need to learn the lesson that even with wife we should not share all the details and income of our business .
Bhasker Shetty, an innocent face. The son built his body from his father's hard earned money.
Every father has to think twice doing any business with their own wife and sons ... Kaala Badalaagide.
Lost a nice husband, a nice father .. now stay in jail without husband, without father mother ... for long years.....
for what ???? for money??? ... thoo nim janma haalaga...
What a son!
What a wife!
What a priest!
What a society!
RIP brother Bhasker. You are gem. they dont deserve you.
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