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
True jihadist mentality cropping up ... when one partiocular community population croses 50% , they will start shouting anti india slogan like kashmir .. when they cross 30% , they behave like this ... when their nos less than 15% they say they are secular ... when below 5% .. they claim to peacefull ... % speaks everything ...same thing happened in malaysia too .. when population was 45% , they started behaving like how these thugs are behaving , when they reached 60% , they amended constitution and made islamic democracy ... which is new concept to exceute non muslims .
MR VENKI AND YOGESH.
May God bless u from hell, U donno what u people are doing, keep the ego aside, and come to the true religion, that is islam. Only one religion is acceptable that is islam, only Quran says so, No other book says so.
Even the Coming of Prophet mohammed is mentioned in vedas, even Shri Shri ravi shanker also told and confirmed.
Ravi shanker also knows that Islam is a true religion, but he is scared of rss to accept islam.
This news itself sparks tension between communities.....this is what hate mongers need....and some fools follow....
Mr. Yogesh / Venki / Sangeeth, i think you are not living in this world. Yu are like a frog in the well. You should come out of the well and see this beautifu world. You are followoing hate mongers like Trump/ Sadhvi prachi and Kalla Bhatta. These hate mongers are spreding poison among different religions whereas you cannot find any thing wrong in Zakir Naik speech. You are criticising his speech only because of frustration due to his popularity among people of other religions. You better consult with a good Doctor as you may go mad soon. Too much of jealosy and hatred is not good for your health. Try to be human being first. Learn to respect others so that you will be respected. Dont follow speeches from Hate mongers. God bless you.
Swami is crazy enough to say that Karnataka is his mother and tulu is his fater.....its a stupid to say...
We love Dr.Zakir Naik.Dont listen to the media blindly.Study both the Media as well as Dr.Zakir Naik then come to a conclusion.He will never do such which can defame our Country INDIA.
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