Bengaluru: Congress MLA NA Haris' son Mohammad Nalapad, in judicial custody for allegedly assaulting a student in a cafe in the Bengaluru over a petty quarrel, was refused bail by a local court on Friday.
The rejection of bail comes after heated arguments between his lawyers and the special public prosecutor over the last one week on whether he could possibly tamper with evidence or pressurise witnesses if he is out of custody.
Nalapad, along with his six associates, was denied bail after the court felt he was still in an influential position. A seventh associate is absconding.
"The court has taken into account all documents and case diary -- and it has particularly emphasised that the petition (by Nalapad) itself admits he was present at the place of occurrence. So, giving credence to the status of the accused who is influential, and may prevail upon witnesses, and since the investigation is still in progress, court felt it is not fit for bail. The court has emphasised that the interest of society has to be given paramount importance -- anybody trying to infuse fear in society should not be shown any concessions," said special prosecutor MS Shyamsundar, who argued against the bail earlier.
Nalapad, who surrendered to police on February 19th after an assault complaint was lodged against him, will now continue to be in Bengaluru Central Prison for some more days, unless he seeks relief from the High Court.
He was charged with criminal intimidation, wrongful restraint and voluntarily causing hurt.
An additional offence of attempt to murder was later added to the FIR, after police found that he had not only hit the vicim, Vidvat, at the cafe, but allegedly beat him up after dragging him down the stairs, and later tried to threaten him once he was admitted to a hospital too.
Twenty-four-year-old Vidvat, who suffered serious injuries to his face and ribs, continues to be in hospital. He was already suffering from a fractured leg when the assault took place -- in fact, it was his extending of his legs to help ease the pain that allegedly angered Nalapad when he entered the cafe on the night of February 17 with his friends.
Last week, Nalapad's lawyer Tomy Sebastian had argued that the case against his client was politically-motivated and that the charge under IPC 307 (attempt to murder) was added nearly 48 hours after the incident.
"My client had no intention to kill anyone," he told the court, adding it was not from any pre-motivated attack. Both Vidvat and Nalapad had a war of words which escalated to them throwing bottles at each other in the cafe itself. Further, Vidvat may have injured his face while falling down the stairs, not because he was hit.
However, Shyamsundar had pointed out to the court that if it was just in a fit of rage, the fight/assault would have ended in the cafe at the city's plush UB City, when bouncers intervened and separated them. But there is evidence to show he was dragged down the stairs and chased and hit at three different times.
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