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IN THE HIGH COURT OF KARNATAKA

AT BENGALURU

DATED THIS THE 1^ST DAY OF JUNE, 2021

BEFORE:

THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

CRIMINAL PETITION NO.2960 OF 2021

BETWEEN:

AMEER AZAM,

S/O. JAABIBULLA

AGED ABOUT 22 YEARS,

R/O. SULTHAN KERI, 1^ST MAIN

SHIKARIPURA, SHIVAMOGGA.

…PETITIONER

(BY SRI. VENKATA REDDY C.M., ADVOCATE)

AND:

THE STATE OF KARNATAKA,

BY SUB INSPECTOR OF POLICE,

VEMGAL POLICE,

KOLAR TALUK-560 103

REP. BY STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

BENGALURU – 560 001.

...RESPONDENT

(BY SRI. VINAYAKA V.S., HCGP)

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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 POLICE STATION, KOLAR, FOR

OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 323, 395,

448, 435, 427, 504, 506 R/W SECTION 149 OF IPC.

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THIS CRIMINAL PETITION COMING ON FOR ORDERS THROUGH

VIDEO CONFERENCE, THIS DAY THE COURT MADE THE FOLLOWING:

ORDER

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

petitioner/accused No.21 praying to enlarge him on bail in a case

registered in Crime No.281/2020 of Vemagal Police Station,

Kolar, for offences punishable under Sections 143, 147, 148,

323, 395, 448, 435, 427, 504, 506 R/W Section 149 of IPC.

2.

Heard the learned counsel for petitioner and the

learned HCGP 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 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 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 damaged the documents of the

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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

the arrival of 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 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.

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

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submitted that the test identification parade has been conducted

on 28.01.2021 and CW26 has identified the petitioner.

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 company etc., Even as per the complaint averments

several 1000 persons attacked and caused huge damage to the

company properties. The petitioner, who is arrayed as accused

No.21 has been arrested and he is in judicial custody.

7.

The presence and participation