IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF FEBRUARY, 2021

BEFORE

THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

CRIMINAL PETITION NO.692/2021

BETWEEN:

RUDREGOWDA @ RUDRUGOWDA G.K

S/O. GADIGAPPA

AGED ABOUT 23 YEARS

R/A NO. DIVEGEHALLI VILLAGE

HIREKERURU TALUK

HAVERI DISTRICT – 581111.

… PETITIONER

[BY SRI. HARISH T.S, ADVOCATE]

AND:

THE STATE BY

VEMAGAL POLICE STATION

KOLAR TALUK AND DISTRICT

REP/BY SPP HIGH COURT COMPLEX

BENGALURU – 560 001.

… RESPONDENT

[BY SRI. RENUKARADHYA H. R., ADVOCATE]

* * *

THIS CRIMINAL PETITION IS FILED UNDER SECTION

439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER/S

ON BAIL IN CRIME NO.281/2020 OF VEMAGAL P.S., KOLAR

DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTIONS

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143, 147, 148, 323, 395, 448, 435, 427, 504, 506, 149 OF

IPC.

THIS CRIMINAL PETITION COMING ON FOR ORDERS

THIS DAY THE COURT PASSED THE FOLLOWING:

ORDER

This petition is filed under Section 439 of Cr.P.C., to

enlarge the petitioner/accused No.5 on bail in Crime

No.281/2020 of Vemagal Police Station, registered for

offences punishable under Sections 143, 147, 148, 323, 448,

435, 395, 427, 504, 506 read with Section 149 of IPC.

2.

The brief facts of the case of prosecution are that

on 12.12.2020 at about 6.00 a.m, the workers of Wistron

Infocomm Company, situated at Narasapura Industrial Area,

Kolar Taluk colluded with some of the contract labourers and

outside goonda elements and formed an unlawful assembly

and trespassed into the company premises by shouting

slogans against the management and ransacked the office

equipment at HR block and other parts of the company. All

the accused entered the chambers of HR block, where lockers

were kept and damaged the same with iron rods and also

damaged the documents of the company. They assaulted the

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security guards and abused them in filthy words and

threatened them with dire consequence. They continued to

damage the property of the company, even after arrival of the

police and also manhandled the women staff of the company

and damaged the windows, doors, raw materials, construction

site container etc., Further they damaged 4 Mahindra Marazo

cars, 2 Golf carts, furniture, gypsum walls, desk phones,

computers, printers as well as the mobile phones of the

workers, laptops etc., It is further alleged that they have

robbed the mobile phones from the production unit of the

company and caused loss to the tune of Rs.437.70 crores.

3.

The complaint is lodged by one Prashanth T.D,

Company Executive, which was registered on 12.12.2020 at

about 3.00 p.m on the basis of which the aforesaid case was

registered against 5000 unknown contract labourers and

another 2000 persons.

4.

Perusal of the complaint averments goes to show

that some miscreants from outside joined the contract

operators and created a mob like situation and clash ensued

among the crowd at the building entrance near the turnstile

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access points. The said mob became uncontrollable inspite of

the presence of police and they started attacking the people

and damaging the property of company etc., Even as per the

complaint averments several thousand persons were present

and they caused huge damage to the company properties.

The petitioner, who is arrayed as accused No. 5 has been

arrested and he is in judicial custody. It is alleged that one

laptop was recovered at the instance of the present

petitioner.

5.

Learned High Court Government Pleader has

contended that the witnesses have identified the present

petitioner in the test identification parade and therefore, there

is a prima facie case made out against him. He contends that

in view of the nature and gravity of the offence committed,

the petitioner is not entitled for the relief. Accordingly,

sought to reject the petition.

6.

The complaint is lodged against about 5000

unknown c