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
Only apology from Modi? No need of resignation from PM post?
dear gau rakshaks,
did you know india is top exporters of cow meat to worldwide.?
you ignored to stop such big slaughtering of cows in mass by this present BJP govt. what are you now demanding from the PM to reverse a statement. come on first try dealing to stop export of such large scale slaughtering. the petty things of handful number of cow slaughtering will stop automatically.
what a Joke.well he will Apologize once he finishes his WORLD TOUR.Till then keep going your Dharana.
Deception - back fired.
BJP is the main source of supporting the cheddis.
Your plans are weakening YOU and those who play with the rules of God will face such humiliation through your own evil plans.
In few days their own hindu brothers will be attacked... dalits r already under attack... now rest of the hindus too will be attacked by the mindless cheddis?
Honest hindus should recognise this and voice out against the cheddis who is creating unrest in the society.
Ha ha.....nice naatak......
I said before two years in some comment ....when some fools kept chanting modi modi modi.....one day the same people will trash him...it's seen now...thank God.....dear fools....nation cannot run from imagination of a person named Modi.......reality and results are formed by teamwork......praise the party not the person....
Ha ha.....nice naatak......
I said before two years in some comment ....when some fools kept chanting modi modi modi.....one day the same people will trash him...it's seen now...thank God.....dear fools....nation cannot run from imagination of a person named Modi.......reality and results are formed by teamwork......praise the party not the person....
Bure Din for Gow Bhakshaks.. Hamari billi hame miyaau miyaau
Do not rest till you get an apology from the FEKU ......Good luck
Cow smugglers, shut up!
Dear Our Gau Rakshak Brothers
First of all prove true religiously and scientifically do you say slogans to protect cows and not other animals.
A true religion always goes with science, it does not clash with science. In vedas, you can see Hindu Rshis have eaten and sacrificed cows, cattle.
If you have evidence against your claim, bring to the public and you will have support of not only all Indians and also you will have worldwide support. What version of Hinduism are you following.
Cows in India are less than 10% of cows in the whole world.
If you are truthful with your claims, prove the whole world that your claim of go rakshan is correct.
If you can prove, you will have reward from the God and also appreciation by the whole world.
Imposing and Bringing blind faith on others is your atrocity to others. You are indirectly forcing others to follow your blind faith, which is bad.
Simply if you don't want to eat beef, it is upto you,
Others are eating their cow. Not your cow.
Don't force others to follow you and stop their food.
Our fair Hindu brothers and sisters should raise concerns and stop their illiterate so called flag carriers of Hindu religion.
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