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Illegal arrest of innocents in Bangalore violence
Dear Lawyers - I need your advise on how to proceed legally to get the innocent youngsters including my brother and brother-in-law released from the jail and the false charges filed against them to be dropped. Aftermath of the violent protest which took place in Bangalore (K.G.Halli Police Station area limit), police barged into the houses in the nearby vicinity of police station and did mass arrests on 12th Aug midnight without any evidence or FIR. Most of them arrested are TOTAL INNOCENTS who weren’t even part of the protest and had come back from their usual work and were taken from homes on pretext of questioning and then taken away to central jail while the media showed it as arrests of offenders. Now we got to know they have filed many charges against them which include IPC section - 143, 147, 148, 353, 333, 332, 427, 149, 427, 436 + 4 of prevention of damage to public property act and UAPA This is Total UNETHICAL and SHAMEFUL act of our police and this is being used by politicians to gain mileage. Apart from the total religious discrimination, this will impacts the lives of these innocent youngsters apart from the mental trauma it would cause the individuals and the families. Here is one of the news channels news18 Kannada reporting on the issue with my mother speaking to the reporter - https://youtu.be/TK6I0a1S5wc Many of the family members are from lower middle class or not well to do, who cant afford the expenses to fight through the court or courageous enough to speak with media. My family has tried reaching out to local MLA and many other influential people who couldnt help and asked us to go through the legal proceeding to get them released on bail first and then fight to get their charges dropped. Hence, kindly request your advise and suggestions on any competitive lawyer who can help fight our case.
Asked 5 years ago in Criminal Law
Religion: Muslim
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12 Answers
1. You may apply for the bail as per procedure before the sessions court and than to high court, also a petition before high court seeking quashing of the proceedings can be filed before the high court.
First find out a competent lawyer who an get them enlarged on bail and then challenge the false cases in the trial proceedings.
Since this is a big issue, nobody will be able to help you out except that you can challenge the case in trial proceedings and get an acquittal.
A petition for fir quashing must be filed in the high court. Engage a good lawyer. Also file a discharge application in case the petition gets dismissed.
Bail application should be filed.
Discharge application must be filed in the district court and if it gets rejected then n the high court.
Application for Quashing of charge sheet should be filed in the high court.
If you feel that being the said charges are false you can file an quashing application in HC to quash the same.You can go for discharge also after filing of chargesheeet in lower court
Get bail done and file FIR quash petition in High Court.
1. There was a religious arson cum riot on 12.8.2020 destroying the properties of one religious group by another religious group of around 3000 persons in the name of protest which is shameful. Protesting does not allow attacking members of other religious group and destroying their properties. The entire Country has noted the said horrifying incidence and demands arrest and punishment of those rioters.
2. However, If your brother was not involved in he said gruesome act, then he shall have to contest the case fittingly.
3. Most of the sections are non bailable and few sections are even non compoundable.
4. Your brother shall have to engage a local lawyer to contest the charges brought against him submitting evidence that he was not at the spot where the said crime had taken place.
5. He shall have a chance if he does not figure in any video taken by the Media or police at the time of causing the said crime.
6. Dropping the charges at this time may not be possible and the local MLA will not be able to help much now even if he looses vote in his next election.
7. Ask your brother to carefully contest the case since the sections are serious in nature and he shall have to prove that he has not committed the said crime to escape the clutches of law and no other method will help him since the entire Nation is keeping watch on the proceedings and waiting to see the religious criminals punished dearly.
I will suggest you visit any advocate preferably High Court to get a proper remedy.
1. You need to apply for bail of the person who got arrested under above said sections by police.
2. You need to follow legal procedure for getting them out of the case after getting bail You can go for quashing of FIR in High court and if needed go to supreme court.
Once FIR is lodged, only court can quash it. So better apply for bail and prove in court that they were just came from work and were not part of protest. Also apply for quash of FIR in High Court.
Talk to any lawyer who may interested in media trial. May to the job pro bono.
- As per Section 143 of IPC, whoever is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both, and further this section is cognizable, bailable and non-compoundable, and triable by any magistrate.
- As per Section 147 of IPC, Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both, and further this section is also Bailable .
- As per Section 148 of IPC, Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both , and this section is also Bailable offence.
- As per Section 353 of IPC , Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person in the lawful, and this section is Non-bailable but earlier it was bailable.
- Further Section 333 of IPC is also similar to Section 353. , and further like 427 is bailable.
- However , if any of the sections are non -bailable , then the court mostly depends upon the report of the police official of that case at the time of granting of bail.
- Hence, the lawyer of the case should arrange maximum proof in the support of the persons who arrested under the given offence.
- Further , they can also approach the High court for quashing the FIR ,if there are proofs that they were not involve in the said offence .
- Further , if they were not involved in the offence , and the police has malafidely framed them in the offence , then they can also lodge their complaint before the National Human Rights Commission (NHRC) and State Commissions for prevention of violations of human rights.
Dear Sir/Madam,
It is suggested that you file the bail application and also approach NHRC for alleged police activities against the innocent people. This is not the right forum for asking an advocate directly to work for you. You may go to "Talk to a lawyer" or "Hire a lawyer" of Kaanoon.com. It is intimated that it is not the solicitation of any kind, rather the information regarding the process.
