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IN THE HIGH COURT OF KARNATAKA

AT BENGALURU

DATED THIS THE 26^TH DAY OF FEBRUARY, 2021

BEFORE:

THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

CRIMINAL PETITION NO.1827 OF 2021

BETWEEN:

SRI ROHITH

S/O SRI ASHWATHANARAYANA

AGED ABOUT 40 YEARS

RESIDENT OF VIJINAPURA

RAMAMURTHY NAGARA

BENGALURU

... PETITIONER

[BY SRI.ARUN KUMAR, ADVOCATE FOR

SMT. VINUTHA ARUN, ADVOCATE]

AND:

THE STATE OF KARNATAKA

BY VEMAGAL POLCIE STATION

KOLAR DISTRICT

... RESPONDENT

[BY SRI.MAHESH SHETTY, HCGP]

* * *

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF

CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN

CR.NO.281/2020 OF VEMAGAL P.S., KOLAR FOR THE OFFENCE P/U/S

143, 147, 148, 323, 395, 448, 435, 427, 504 AND 506 R/W 149 OF

IPC.

THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY

THE COURT MADE THE FOLLOWING:

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ORDER

Heard the learned counsel for petitioner and learned HCGP

for the respondent - State.

2.

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

enlarge the petitioner/ accused No.11 on bail in Crime

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

punishable under Sections 143, 147, 148, 323, 448, 435, 395,

427, 504, 506 r/w 149 of IPC.

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 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 security guards and abused them

in filthy words and threatened them with dire consequence. They

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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 Marazzo cars, 2 Golf carts, furniture, gypsum walls,

desk phones, computers, printers as well as the mobile phones

of the workers, lap-tops 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.

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 labourers and another

2000 persons.

5.

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 presence of police

and they started attacking the people and damaging the property

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of the company etc., Even as per the complaint averments

several 1000 persons attacked and caused huge damage to the

company properties. The petitioner was arrested on 12.12.2021

and it is alleged that from his possession 3 laptops and 4 iphones

have been recovered.

6.

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 sought. It is also

submitted that the test identification parade has been conducted

and the petitioner has been identified by the witnesses.

7.

It is seen that the complaint is lodged against several

thousands unknown persons. Participation of the petitioner h