IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF FEBRUARY, 2021

BEFORE:

THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

CRIMINAL PETITION NO.952/2021

BETWEEN:

SRI.LOKESH.A

S/O ANANDAPPA

AGED ABOUT 21 YEARS

RESIDING AT NAMBIHALLI VILLAGE

KASABA HOBLI

SRINIVASPUR TALUK

KOLAR DISTRICT.

… PETITIONER

[BY SRI. RAVI. R, ADVOCATE]

AND:

STATE BY VEMGAL POLICE STATION

REPRESENTED BY STATE PUBLIC PROSECUTOR

HIGH COURT OF KARNATAKA

BANGALORE – 560 001.

… RESPONDENT

[BY SRI. RENUKARADHYA, HCGP]

* * *

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 P/U/S 143, 147, 148, 323, 395,

448, 435, 427, 504, 506 READ WITH SECTION 149 OF IPC.

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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., by

accused No.33 to enlarge him on bail in crime No.281/2020 of

Vemagal

Police

Station,

Kolar

registered

for

offences

punishable under Sections 143, 147, 148, 323, 395, 448,

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

2.

Heard the learned counsel for petitioner and

learned High Court Government Pleader for respondent/State.

3.

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 laborers 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

equipments 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

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damaged the documents of the company. They assaulted the

security guards and abused them in filthy words and

threatened with dire consequences. They continued to

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

police and manhandled the women staff of the company and

damaged the windows, doors, raw materials, construction site

container etc., Further they damaged 4 Mahindra Marazzo

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

computers, printers as well as mobile phones of the workers,

lap-tops etc., It is further alleged that they have robbed the

mobile phones etc., from the production unit of the company

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

4.

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 laborers and

another 2000 persons.

5.

Learned HCGP has opposed grant of bail to

petitioner contending that in view of the nature and gravity of

the offence committed and also considering the loss caused to

the company, the petitioner is not entitled for the relief

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sought. It is also submitted that the test identification parade

has been conducted and arrested accused have been

identified by the witnesses.

6.

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

access points. The said mob became uncontrollable inspite of

the presence of police and they started attacking the people

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

the complaint averments several thousand persons were in

the mob and they caused huge damage to the company

properties. Complaint was lodged against 5000 unknown

contract laborers of Wistron Company Private Limited as well

as another 2,000 unknown culprits.

7.

Acco