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
when a human being brutally killed, people are talking based on religion...... shame on you guys...... see his face.... it is the height of the cruelty... may his soul rest in peace
ARUN KUMAR
DUBAI
Idiot YOGESH, don't just say what ever you get into your mind, I work for RSS & MRM, You should know the fact that Ismail nelyamajalu used to visit tirupathi lord balaji for darshan with his family once or twice a year, he also used to conduct jathara(festival) at a temple in sullia, DK, every year. He was a very kind human being more than a muslim & a politician.
A very good husband, father, brother and a friend, I personally know him since 2013.
Please know the facts before you bark.
Naren, you did not explain what is 72.....you are just making bow, bow,..... you are free to take action against any one making hate comments .....
Dear mr SK ,mr true Indian ...police commissioner alla even DIG bekadru complaint kodi ...mr viren ,bopanna and yogesh and including me have the right to comment ..its not a social media like Facebook and twitter to lodge complain ...this is strictly controlled by admin ......cyber cell will also check anti Hindu comments too ..do u think we will keep quiet ...? We also know laws ...how we can sit when our patriotic organisation like sangh is mocked ...so better mind ur business ...better u talk to CD ...being a responsible media they are responsible for posting news which don't instigate ...but they are not doing ....
Naren, singapore ..what is this figure of 72 ... can you explain further ????
True Indian, Mangalore...it is better to report such matters with mangalore police commissioner,Mr chandrashekar....
Frustrated Brothers Naren And Viren.Papa pandu.Day is not far to pay for all your Comments.In sha allah.We give damn to all your Comments.Carry On.
Papa athmakke shaanthi sigali ..mele 72 virgins sigali .........yelli faizhal Bhai kaanistha illa .....banree \ innu illari rajiwoon antha helree \""
Coastal Digest please do not entertain Brother Viren's Such Comment which disturbs the readers or else we will have to complain against him with the Cyber cell.Please take this message seriously.
Death is not a disaster simply a passing from this world onto the next. It should make us reflect and ponder about the purpose of the life and what will become of us after death. Innah ilahi wa inna ilaihi rajihoon Deep condolence insha Allah grant him forgiveness and higher in heavens. Ameen
I have conducted a survey of Friday murders in coastal Karnataka. Especially immediately after or before Muslims special prayers. 99% of such murders are committed by Muslims only.
So Yogesh is making a confession that BJP is behind this murder ?
Shocking incident, he was really a prominent leader of congress. anyways rest in peace.
May his soul rest in peace
whoever made this brutal crime must be punish them in the like same. seriously a inhuman act.
How people can b so cruel? Y can't we lead our four days of life happily. Inna lillahi wa inna ilayhi rajioon.
Innalillahi va inna ilayhi rajivoon
Innalillah
Inna lillahi wa inna elaihi rajiwoon.
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