(1.) The present petition has been filed by the State under Section 439(2) of Cr.P.C. for cancellation of bail granted by the VI Additional District and Sessions Judge, D.K., Mangaluru in Criminal Miscellaneous No.157/2020 by order dated 14.07.2020.
(2.) I have heard Sri Mahesh Shetty, learned HCGP for the petitioner-State and notice to respondent/accused has been served and there is no representation on behalf of the respondent.
(3.) The gist of the complaint is that despite the imposition of the prohibitory order nearly about 300 to 400 miscreants gathered at Machine Street to protest the Citizenship Amendment Act and they turned violent and started pelting stones and soda bottles and even tried to damage the public property. Even, they attacked the police vehicles and tried to commit murder. Again on 19.12.2019 at about 6.30 p.m. around 200-300 miscreants assembled within the vicinity of Island Hospital and began to shout slogans, at that time, police by using below belt language abused and 2-4 people have been made to death and they were unable to disburse the assembly and they were causing disturbance by contending that Doctors and nursing staff who were attached to the hospital have not given proper treatment and even in spite of the instructions, the mob did not disburse and they have damaged the public property. On the basis of the complaint, a case has been registered.