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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.

Udupi, Jun 28: The Padubidri police have booked cases against two patients of Novel Coronavirus for not revealing their primary contacts and hiding their travel history.

According to DHO Sudhirchandra Sooda, two siblings from Hejamadi in Padubidri had tested positive for COVID-19 recently. After shifting to the hospital, when the officials asked them about their primary contacts and travel history, the patients furnished false information.

When the officials collected information from various sources, they realised that the duo had travelled to Bantwal, Kasargod, Ullal and other places in Dakshina Kannada, said Dr Sooda. Hence, the district administration decided to file cases against them, he added.

Bengaluru, Feb 11: A 36-year-old woman who fought back after being stabbed eight times by a helmet-clad intruder succumbed to injuries at a hospital.

Susheela was in shock after she pulled off the attacker’s helmet as it was her own brother-in-law. Before breathing her last, she explained the sequence of events to the police.

She said her brother-in-law attacked her because he was eyeing their ancestral property worth over Rs 10 crore. “Susheela put up a stiff resistance and identified her assailant. But the stab injuries proved to be fatal,” said a police officer. Based on her statement, Ananth Kumar, 42, was arrested on murder charges.

The attack occurred on February 7 at Honaganahatti village in Tavarekere, off Magadi Road. Susheela, whose husband Gangaraju died in a road accident 12 years ago, was living with her 14-year-old daughter and 75-year-old mother, Rudramma.

On Friday, her daughter had gone to school and Rudramma was sitting outside the house when a man walked in wearing a full-faced helmet and attacked Susheela with a knife. She defended herself with a stick used for making ragi balls and by throwing chilli powder at his face. But the attacker stabbed her on the hand, neck and head. He fled when Susheela identified him and raised an alarm. Neighbours rushed her to a hospital.

During questioning, Kumar reportedly confessed to the crime, saying he wanted to get rid of her as she was not agreeing to sell five acres of their ancestral property.

Susheela’s nephew Kiran G said: “The family owned six acres. Kumar sold one acre for Rs 50 lakh a few years ago after convincing Susheela. He, however, paid her only Rs 5 lakh. Lately, he was pestering Susheela to sell the remaining land as buyers were ready to pay Rs 2.5 crore per acre. But she was hesitating as she had been cheated by him earlier.”

Police are now examining the circumstances under which Gangaraju was killed. “We learnt the driver who had been arrested in connection with Gangaraju’s accident is currently working with Kumar,” said an officer.