Mangaluru mob lynching: Court rejects bail for four due to prima facie involvement
Finding material on record that prima facie showed involvement of petitioners in the mob lynching incident, a Mangaluru court rejected bail applications of four persons arrested in connection with the death of 38-year-old Ashraf near Kudupu on April 27.
'The material placed on record as of now indicates the involvement of the petitioners and the prima facie case against them. In view of the gravity and seriousness of the offence committed, this is not a fit case to exercise the discretion vested under Section 483 of Bharatiya Nagarik Suraksha Samhita,' V.N. Jagadeesh, 2nd Additional District and Sessions Judge, Mangaluru, said in his June 12 order rejecting the bail application.
The application was filed by Saideep, Anil Kumar, Yathiraj and Adarsha Pandith, who were arrested and are accused No. 13, 16, 17 and 18.
After Ashraf reportedly raised slogans in support of Pakistan at a ground where a cricket match was on, players and members of the audience allegedly assaulted the ragpicker on the Batra Kallurti temple road in Kudupu on April 27. Following a complaint by the supervisor of the cricket tournament, the Mangaluru Rural police arrested 21 persons.
Last week, the court had granted bail to five accused persons.
Objecting to the bail application, the special public prosecutor (SPP) contented that names of petitioners were clearly mentioned by the complainant. The complainant has also said that petitioners and others had assaulted the deceased with sticks. The post-mortem report indicated that the deceased died on account of blunt injuries.
The SPP further stated that police have recovered mobile phones of the arrested persons. In the mobile phones, the incident was recorded and photographs were taken. Based on the said recording and photographs, the Investigating officer arrested the accused persons. As investigation is pending and police have to collect more evidence, the SPP contended that the accused should not be released on bail, as they could tamper with prosecution witnesses.
Agreeing with SPP, the judge observed that subsequent investigation by the police clearly indicated that a heinous crime was committed by a gang. 'By looking into the material placed on record, the said apprehension (of SPP) is acceptable,' the judge observed in his judgment.
The court has posted for June 18 arguments on the bail application filed by arrested persons Vivian Alvaris, Shri Datta, Dhanush and Kishore Kumar
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