Mangaluru court grants bail to five accused in mob lynching case
The second Additional District and Sessions Court, Mangaluru, granted bail to five persons arrested in connection with the mob lynching of 38-year-old ragpicker Ashraf, near Kudupu on the outksirts of Mangaluru, on April 27.
Bail applications of another seven persons are pending before the court.
Police had arrested 20 persons in connection with the case.
The court granted bail to Rahul, a resident of Kadri, and K. Sushanth, a resident of Kudupu, on May 31.
Bail was granted to Sachin, a resident of Kudupu; Deekshith, a resident of Padil; and Sandeep Basavarajappa Haveri, a resident of Kudupu; on June 5.
The bail applications of Saideep, Anil Kumar, Yathiraj, Viviyan Alvaris, Shri Dattha, Dhanush and Kishore Kumar are pending before the court.
On April 27 evening, Ashraf, a 38-year-old native of Wayanad in Kerala, reportedly entered a playground near Kudupu where a cricket tournament was in progress. He allegedly raised slogans in support of Pakistan. This lef to more than 25 persons, who were playing cricket, allegedly assaulting Ashraf resulting in his death.
Mangaluru Rural police arrested 20 persons for offences punishable under Sections 103 (2)b (mob lynching), 115 (2) (voluntarily causing hurt), 189 (2) (unlawful assembly), 191 (1) (rioting), 191 (3), 240 (giving false information with respect to an offence) read with Section 190 of Bharatiya Nyaya Sanhita, 2023.
In the judgment allowing applications of Rahul (accused no. 10) and Sushanth (accused no. 20), the judge observed that while the incident occurred at 3 p.m. on April 27, statements of witnesses were recorded on April 28 night, and the first information report was received by the jurisdictional magistrate on April 29 morning.
'This fact creates serious doubt regarding the manner of occurrence of the incident, involvement of the petitioners and other accused named in the FIR, and the first information statement,' the judge observed.
In a separate judgments granting bail to Sachin (accused no. 19), Deekshith (accused No. 17) and Sandeep Haveri (accused no. 16), the judge made note of the bail granted to Rahul and Sushanth. The judge said names of Sachin, Deekshith and Sandeep Haveri were not found in the compliant. Presence of the three petitioners at the time of the incident has to be proved by the investigation agency by filing a detailed charge-sheet, the judge noted.
In the hearing on separate bail applications of Saideep and six others on June 6, the court had directed the investigation officer to submit confidentially on June 9 the list of arrested persons whose voice samples are to be collected.
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