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.
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If Mr.Bhat arrested then it will be in Guinnus Book of records!! Congress Government have no guts to do it!! Mr. Bhat a well known figure in creating communal tension involving directly / indirectly in various types of crimes in our district since 35 years!!! but no Government so far not even able to file an FIR against him!! This is very sad news for peace loving people of this district. In this case also CID is helpless.
Do anybody have the guts to touch this chaddi? Hope atleast this time.
Put him behind the bars. Law is equal to all.
No one can touch bhat, even congRSS goverment cannot touch him because all are wearing his chaddi.
Not god call father or baap, shame on you yaar study history of that rowdy bhat, do you know he is barking about cow but he is selling cow from your mother land sulliya asram,
Arrest this insect of mangalore Before he spread the virus
he will get punishment for his mistake,. but why people are so much interested in his life,
Prabhakar Bhat is Like Poojary, No hold for tongue. creating non sense in the society
kalladka bhat dont have any work to go behind this rape case?
Manohar! This is the problem with you guys.. If he says one word against Minorities then he is god for you.. grow up buddy! Before making him god try to understand what type of god he is? Good or bad!
No guts to congress arrest bhat, its 100% sure.. this congress only cheating minoties name of bhat and RSS. they are also blindly supporting Congress.. Above 70% of congress leaders touched with RSS. then how they are arrest
This person actually divides the community with his poisonous speech causing hatred among people.
It is individuals choice how he/she wants to live.
How can he impose Hindutwa on others who has his own principles.
There is a limit for toleration and patience, one day when the limit exceeds, then automatically faces the consequence.
If the law can not protect, then it needs to protect the law and do the justice to all.
Manohar ,
There are many faces who are sheep in front & Fox from behind.. Which u guys are unable to recognize... Go and ask with the Victim. If u personally did not met them. then Dont judge and give certificate of Honesty... A honest person will never give hate speeches..
Now behind Harish Murder ???? who sponsored ??? who is giving bike , car, money and legal protection to Bhajrang dal Boys???
If brain map Mr. Bhat ..... all these stories will come out.
He is the paid goonda from RSS. Its the closing time of bhatta.
Manohar, Bhatta is a stray animal......
will congi govt show guts to teach him lesson? i dont think so bcz most congi leaders are in touch with him
Guilty Must be Punished.
Such dual personality person cant fool people for long
Bhat bajrangi clean bowled....jail term not less then 10 years.....all the best....
The Great RSS!!!!
sabko pap yek din bugathna hoga.
Put him in jail forever, he s one and only person who creates communal dispute in the society.
THU THO GAYA BHAT ISS BAAR...
Must be a trap by congress, Kalladka Bhat is a prominent personality. goons are trying to defame some innocents
Great Personality of Tulu Nadu, This s the Fake news, he s like god to us, he cant make this .
Bhat is a murderer, This type of goons must be sent to pakistan.
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