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
I think kateel had good new year celebration along with mithun rai.... free alcohol was supplied by mithun rai.....what you say guys????? lagta hai daaru kuch bohat hi zyaada hogayi thi raat me....daaru ka nasha utra nahi hoga....isliye agle din subah aake kateel ne apni dil ki baat keh di.....wo kehte hai na daaru ke nashe me aadmi ke muh se sach nikalta hai
Think twice before u speak, is a famous dialogue which clearly suits Nalini Kumari Kateel.. Mike mila tho pagal bhi gaane lagta hey,,
He is not fit for MP.......should be removed.....
Nalin is lying that he was not well. He uttered what bjp and sanghis have planned. Nothing can be hidden for a long time. this is hidden agenda of sanghis to create trouble in karnataka and costal districts in particular. Police should arrest him under goonda act. He should be removed from MP post as he is unfit for this responsible position. Suprement Court should order central Govt to take notice of this dangerous statement from an MP and remove him from this post. In case Nalin is mentally sick, admit him in a mental hospital.
for instance if this was happened from one of our muslim brother, what would be the reaction and action from these sanghis????? even from chaddi police dept......
ha now we came to know that you are bad mental mp of our dk dist. shame on you. you must resign immediately.
New year night \ raathre paad dina onchooru jaasthiathund\" - mallajjappa powad.
Ancha namma modi 15 lakh niklena bank gu paadwe panthijja..... Anchane indula..
Thoo paadare inbe daane lankeda hanumanthena?"
Hahaha...pukkele...
Typical coward sanghi...
The nation wants to know whether you are really not well or the frog inside well?
No need to give clarification just put this man behind bars. Useless MP
Pradeepji, NOT Wenlock, Kankanady Permanently.
Such goondas are fit to be encountered ....
Yes true he is not well... this all unstable people belongs to BJP/RSS, They dont know what they are speaking after all, all are the followers of chaiwala, what we can expect from this RSS goondas...this marle minister even dont know to speak in parliment, he drinks spit twice before he delivers a word
If he is unwell, admit him to Wenlock
This is the fact and sanghis real mentality. Now he may accept his threatening to set fire his own constituency, message is out in public.
Every anti-national will say the same thing when press conference even Thogadia....Shame on you as a MP of our beloved Dakshina Kannada. Did the people elect you to disturb the area & set fire .. Thooo ninna....
Anna kadle baipinanda thoo malpode, E thoo malpu bokk kadle baipundu.....
why didnt police arrest him, he is enticing people to create violence, why no suo motto on him.
such people should be booked under goonda act
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