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.
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I am sure that viren kotian is also a partner of this Tantri and that is the reason he is supporting him blindly. such rapists shuld be hanged in public. they have no right to live. shame on you viren for supporting a rapist who is worst that animal.
This type of so called TANTRY are in all communities. Not only in Hindus.
This act continues, as long as there is unwise/ foolish customers.
Waiting until the mishap happens is a big foolishness.
The public should identify such TANTRIKS in their locality and prevent them from their mull-practice.
with the foolishness her parents handed-over girl to that cruel person.
first have to punish her parents. and next better to remove any one of the parts of his body.
with the foolishness of that parents, directly they handed over that girl to that cruel person. first have to punish that parents.
This is kind of Tantik Love Jihad???
QURAN is not just for MUSLIMS. it is for the whole of MANKIND ...
ALLAH taught us HOw to be protected from evil in the QURAN>>>
NO need any third person... U just need to PONDER & act on what it says...
Its time to keep MEDIA away ignore the FALSE news which spreads about Muslims and ISLAM...
If YOU really want to know what ISLAM says THEN Read QURAN and PONDER on it... It will Save such traps of TAntris, Swamis, Jotiysa trap and other evils that are spread in our Society.
Look for the TRUTH,,, unless We look - who is the CREATOR...
We all will fall into such types of TRAP to the devil worshipers...
Please Learn QURAN (quran project com) U will understand How evil plays his role, when we worship FALSE Gods...
@ VIREN KOTIAN ,
U R FAKE FAKE PROMISE FAKE
BUT NEWS IS NOT FAKE THATS TRUE NEWS,
WE TRUST 'COASTAL DIGEST' MORE THEN FAKE BJP GOVERMNT..
Ache Din hum sab ke saamne...
Ache Din for Gundas
Ache Din for Rapist
Ache Din for Cows.
For Common people Babaji ka Tollu.
Wa Wa Master Veren Kottttain which part of the worldd you leaving???? you Maharaya looks like something fisheyy?? about you Maharaya any keep it on going The Day will come to know every one is it Faaku or Tanrtu????
Dear Viren
I think you are a bhakt of this Tantrik.
show your guts now!!
What happened all these Tantris??? keep all these Goonda rapist in a Dark Iron room for eve, good luck you Department's.
no mercy ,
please hang him or cut his private part...
This is called 'acche din' in NaMo's language
Fake news. only on cd
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