BENGALURU: In a major setback to the city police and the State Government, the Karnataka High Court on Thursday granted interim bail to four representatives of Royal Challengers Sports Private Limited (RCSPL) and DNA Networks Private Limited, who were arrested on June 6 in connection with the stampede that occurred on June 4 outside M Chinnaswamy Stadium during RCB’s IPL victory celebrations.
Pointing out a series of lapses on the part of the city police, starting from the registration of the crime against the accused and till their arrest without following the due procedures of law, the high court passed the interim order for the immediate release of the four accused — Nikhil Sosale, Marketing and Revenue Head of RCSPL, Sunil Mathew, Director, and Kiran Kumar S, Event Manager of DNA Networks Private Limited, and Shamant NP Mavinakere, a freelancer with DNA.
The petitioners moved the high court with a contention that though the FIRs do not specifically name or arraign them as accused persons either in their individual capacity or on behalf of RCB or DNA, they were arrested pursuant to directions issued by Chief Minister Siddaramaiah in a press meet held at 9 pm on June 5.
Referring to this, the high court noted that the city police did not specifically deny the said contention in their statement of objections, and there is only a vague and evasive denial.
HC tells accused cooperate with probe
In fact, the petitioners have produced the press reports in this regard also, thereby indicating prima facie that it was impermissible for the city police to cause their arrest pursuant to directions issued by the CM, the court said.
“The petitioners who are officials/employees/directors of RCB and DNA cannot be equated with the said companies and in the absence of any material prior to their arrest to establish their involvement and participation in the event so as to cause the mishap, the petitioners cannot be held to be vicariously liable for the alleged offences especially when they are not even named as accused persons in the subject FIRs,” said Justice SR Krishna Kumar while granting them interim bail.
The court, however, imposed conditions that all the accused should deposit their passports with the trial court, should not leave the jurisdiction of the court without prior permission, not to threaten or tamper with the prosecution witnesses or hamper the investigation, should cooperate with the investigation being carried out by the state police as well as the magisterial probe and the commission of inquiry.
They should execute a personal bond for a sum of Rs 1 lakh with two sureties each for the like sum to the satisfaction of the trial court, the court ordered.
The HC pointed out the petitioners have contended that the grounds of arrest were communicated to them only at 2.30 pm on June 6 and not earlier at the time of their arrest and after almost 10-11 hours of their arrest.
Though the police deny it, a prima facie perusal of the grounds of arrests themselves which have been signed by the petitioners and their counsel along with the time being shown at 2.30 pm would clearly indicate that there was a delay of about 10-11 hours in furnishing the grounds of arrest to the petitioners, the court said.