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.
Mr Basha went to Saudi Arabia 14 months ago. In a video message sent to his friends on WhatsApp, he has alleged that his employer had not paid him so far. The video has gone viral.
Mangaluru, Jan 20: A teenage girl drowned after a boat in which she was traveling in capsized in the river Netravati at Uliya Hoige, Ullal, police said on Monday.
Comments
Kotiaan brothers did not see the carrot saffron shakes video of aseemanada and Nithyananda rapes....ha ha...he loves Arab porn...like all sangheez even watch in Parliament....
Piece loving nation ..haha. ..I also saw the video where Arab milk shakes raping indian women maids from Hyderabad ..
Dear Satya Vishwas...
U are right but what We muslims need to Present the TRUE message of ISLAM to the public as well as the cheddis .. cos they are carrying in their mind the ISLAM which is taught by the Cheddis.. which is dumping them deep into darkness (hate, jealousy, crime, looting, lies and etc) as well as the society.
So we should educate whatever way to spread the real msg of ISLAM to the cheddis as well as the non muslims ...
When we present the true message atleast few may reflect who are honest.. in their hearts. ALLAH guides those who are honest in looking for God.
Why CD readers bother about this Phycho person;(Phycho Viren) this man must be admitted Kankanady hospital for his brain wash in Vande dot CLOREX muthram.
dear all CD readers : please do not react , or comment to viren kotian just neglect him,BECAUSE HE IS DEPLOYED by RSS to ignite and provoke minorities, so if we react to his inhumane comments he and his dirty mind followers enjoy it.And they are successful in their mission, and also he get highlighted , so why to give him unnecessary (un) popularity.
REMEMBER THAT IF YOU THROW A STONE AT LOOSE SHIT (VIREN) IT SPREADS ALL OVER .
so lets not waste our valuable time by arguing with the inhuman viren.
Viren Kotian , seeing your comments i understand that a deluded understanding is giving such a buncombe, please understand such swaggering appears unarmed for a rational discussion.
kindly refrain
Vande matram means cheddis bow down to the mother land...
What islam says
ALLAH is the lord of all that exists, U me and all that is in between the earth and the skies..
We Muslims bow down to ALLAH alone and nothing else , Even not to our respected prophets or our mother who gave birth to us...
We love our prophets,
We love our mother
We love our mother land
but we will never worship our mother land...
ALLAH created us and We bow down to him alone.. Please dont ask me to bow down to the motherland which is also a creation of ALLAH...
ALLAH forgives every sin with true repentance but associating partners with him is the biggest SIN... which is a way to hell and Please dont drag us Muslims to that destination... Sorry I believe ALLAH as my lord, Muhammad pbuh and all the prophets as my messenger and Islam as my religion....
Please VIREN when U worship the mother land, U actually denying the TRUE GOD ... I request U to look who is our CREATOR which VEDAS also mentions \NA TASYA PRATIMA ASTI\" there is no image of GOD...
IF you are honest in looking for the CREATOR , God will Guide U ... Atleast make some effort to look for the creator of all that exists.. Dont just worship the man made creations and animals and live a life unaware.. QURAN challenges mankind to bring a book like it... Please go thru it."
No one can become patriot just saying vande matram, this is crazy....we Muslims cannot do that...its against our religion...but in fact we will fight for our country without any hesitation.....and save country from our enemies.....
Hello joker Viren......a lot of bharat maa ki jai sons are also living happily with their family's in Muslim countries and they respect and are thankful to those people. Some goons like you will let Islamic nations kick them out of there.......you sick-minded will let people hate each other...saffron pillas....why don't modi offer job and respect to the people who say jai jai and are still working in Islamic nations.......u don't belong to a democratic nation.......go to your country Nepal....ha haa
Viren Kotian, how could you say, the person who doesn't sing Vande Mataram is not be Indian!!!
You must know its not our National Anthem and its an individual personal choice.
I don't understand why CD post such nonsense Viren Kotian comments!!
Viren, I think you don't have any knowledge of our Indian constitution!!
Bharat Mata har ek Hindustani ki hai, aur Akbar ek hindustani hai, apne desh se madad maang raha hai, samajh is baat ko. and
don't ever bring communal things in humanity!!!
Mr. Kotian why so much hatred on muslim relegion, we are human beings, remember that.. we are indians here we don't treat each other as HINDU's or MUSLIM's.. Try to be peace lover My Dear Friend..
Bharath kisi ke baap ka nahi. The slogan made purely illogic for any religion including hindus which is against the holy scriptures. Will you and your millions of hindu brothers say La ilaha illallah mohammedurrasulullah while entering in arab countries to earn their bread and butter.
Dear viper kotian if u sing vande maataram r u getting 15 lac from your govt? Then why u r singing r u mad?
Viren kotian.
Its haraam to say vande mataram according to vedas. Hindu is not a religion. Arabs gave the word hindu. U should be thankful to arabs.
Rama couldnt save his own wife sita from kidnap. How can he save u.
Ask any pandit. He will runaway from u.
The religion is sanatan dharm. Nowadays nobody knows a single word of it.
Habeebi viren, dont worry we will try to help him out.. If you are not sleeping then try to see the problems of those who sing vande mataram and still not came out of it. I doubt the govt helps them.
Indian govt should help this guy.
Viren - stop talking nonsense ( as usual )
What is Indian embassy doing around.....they got a lot money of expatriates collected during passport renewal time....millions of them...couldn't they use part of it to get this person come out of his ordeal...
You are not ready to sing 'vande mataram' but when you get stranded in a Muslim country you need bharat maatha's hindu govt's help. Funny people.
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