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
RIKAZ,
Already done, i have done my computer course.
And what do you think, how i am replying to you, its through computer.
Satyameva jayate.
You have a sick mind. Just read what you have written.
I dont think you will understand anything if i reply.
If you are so concerned about kashmir or china, pls go ahead and do it yourself dont give advise to others.
PONDER, have u read properly, now here it is,
Rigveda 10/85/13- cows are slaughterd.. is misconception. The actual meaning is The word used for sun-rays is \GO\" which also means cow and hence a mantra can also be translated by making 'COW\" and not sun-rays as subject.the word WEAKENED is \"Hanyate\" which can also mean killing. The mantra states the rays get weakened in winter and get strong again in spring. How can cow that get killed in winter gain strength in spring. This proves that the reader of the vedas should have good intelligence and wisdom to understand. Otherwise people will misunderstand just like you did. Same for all other points you mentioned."
SURESH U need to do some homework, not to reply but to UNDERSTAND... please go thru below verses from your scriptures specially the last one.
Maharishi Yagyavalkya says in Shapath Brahmin (3/1/2/21) that : I EAT BEEF cos it is very soft and delicious.
Apastamb Grihsutram (1/3/10) says : The COW should be slaughtered on the arrival of Guest, on the occasion of Shraddha of ancestors and on the occasion of Marriage.
RIGVEDA (10/85/13) declares On the occasion of a girl's marriage Oxen and COWS are Slaughtered
RIGVED (6/17/1) STATES the INDRA used to EAT the meat of COW, calf, horse and buffalo.
Vashista Dharmasutra (11/34) writes, If a BRAHMIN refuses to EAT a meat offered to him on the occasion of SHRADDHA or worship HE GOES to HELL>
Suresh, you need to learn some logic.....I suggest you to join some computer programming course....
Suresh........how many cows you have at home...as per your comments also send some cows to borders of Kashmir and China...some to clean gangas and others RSS bhakta to bring go moorhra to wash their sick minds......
Which century are you living in......and where did you get your GO history from...
Rikaz,
What i have mentioned one full paragraph is fact.
what you are saying is called illusion (maya)
You will never understand that.
Just like a blind cannot see the world around him, same way you cannot understand Maya (illusion) ignorance. You have to rise high from Kg class teaching.
Mr. Suresh, its a fact man, you like it or not....I know very well that you know it...but you don't want to admit it.....right....
Rikaz,
Your are a really a funny man and your comments are so immatured.
I dont understand, Whats is wrong and what is supersition.
I am not supporting the beating of people, its wrong,
I was just giving the importance of cow for Hindus.
Suresh, you are still believing in superstition in this 21st century, so sad!
Tell us how many houses have been ruined because of your theory...none...
All rivers were flowing in same place....no body done anything for it....its natures creation.....totally rubbish....
cow is a kind of animals....its not a god...it cannot save itself from any disaster....you and your own people don't care them at all, you will find a lot of them in the road sides like orphans...no one put any grass on it....instead it eats plastic and sometime later dies....reason you don't care them and don't put any food for it....common its your god man treat it nicely....
Once Gautam Maharishi was meditating and a holy cow maya denu entered his abode and started spoiling the rice in his farm. Knowing cow shall not be treated harshly he put the Darba grass on the cow and to his surprise the cow fell dead. The other rishis present said that Gautam maharishi has done a Gau hatya a grave sin. To atone the sin of Go hatya, (killing a sacred cow), he went to Nasik & did severe Tapas to lord Shiva at Trimbakeshwar on advise of other rishis. When lord shiva was pleased with his Tapas, Gautam rishi requested lord shiva to release him from the sin by making the river Ganga flow over the dead cow. Thus Lord shiva diverted the river Ganga to flow over the cow. Thus River Go-davari was born in Nashik and merge with bay of bengal.
Cow is so holy that, if you build your house on the plot of land where cows put their holy feet for grazing, or where there was a cow shed, building a house in such a plot is very very auspicious.
After a house in built the first day of house warming cermony a holy cow is first made to enter the house in this way all the evil and negative energy in the newly built house is cleared off.
If a person is suffering badly in health or work front they are advised to feed cows, by doing this the creator is satisfied and he relieves the person from his sufferings.
Cow- urine or Go-mutra is so auspicious that if you sprinkle it on the possessed people, or inauspicious places where there is negative energies accumulated, the place becomes pure and positive again.
1857 first war of Independence broke out - cow was the reason.
This cow story made citizens sick and tired....there is no god in cow or any animal kind....what the hell these vigilantes doing around....if dalits want to live peacefully they should convert to Islam....that is where they get their due respect from society....In Islam there wont be any upper caste and lower caste....they will be treated properly with respect in the society....
Its a BIG INSULT to the PM ...
Cheddi gangs ignored .... him badly.
The PM should show his power to stop it rather than saying killing me before killing the dalits...
He said, Fake Gau Rakshaks are dividing the nation,
Then what the real Gau Rakshaks are doing??????
He further says, \Hit me and do not hit Dalits\", means he can not control those who want to HIT????
Why is he concerned about Dalits when other communities also have been terrorized by so called Gau Rakshaks? Others are not humans or Indians? Or he is only concerned about \"Vote Bank\"???"
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