Bengaluru: The Karnataka High Court on Wednesday adjourned the bail petition of Mohammad Nalapad Haris, son of Shantinagar MLA N.A. Haris, to Friday after the Special Public Prosecutor Shyamsundar sought two days times to file detailed objections in the matter. Nalapad has been accused of attempting to murder Vidwath, during a fight at city café on February 17.
Meanwhile, the court observed that it will hear the main bail petition itself and not a plea for interim bail. The court also permitted Alam Pasha, who runs an NGO, to assist the prosecution.
While seeking bail, the Nalapad’s lawyer Usman P. stated in the petition that the lower court’s rejection of bail has caused serious prejudice to the accused in view of the subsequent revelations made by the doctors, who treated the victim, that he was 'feigning illness' and not cooperating with the doctors and the investigating agency to record his statement. It has been certified by the doctors treating him that it was a clear case of ‘malingering’ since February 25.
The petition further stated that the petitioner with great difficulty was able to lay his hands on the case sheet and had this been brought before the notice of the lower court judge, there were fair chances of Nalapad obtaining bail.
He stated that the Session's Court judge rejected bail on the ground that a certificate was made available in the case diary in which all probability was a fabricated document in view of subsequent and startling revelations made by the doctors who treated the victim.
Nalapad petition states that accused statement was recorded then and there whereas the victim was tutored to behave in a manner to manipulate medical records to create false and imaginary grounds for rejection of bail for Nalapad.
“The petitioner is languishing in prison and the rejection of bail was based on exaggerated facts matrix presented before the Session's Court, especially by the Special Public Prosecutor,” it stated.
It adds that the Sec 307 of the IPC has been erroneously inserted without there being any basis. The petition also questioned Sec 326 of IPC over causing grievous hurt on the ground that it is done without medical grounds that it was caused using deadly weapons when the facts narrated in the case indicated that the victim was hit with hands, bottles and jugs.
It is further stressed that the incident was an on the spur moment arising out of a drunken brawl and there has been no serious injuries sustained by the victim on his vital parts of his body, which could cause death. The injuries of victim has been exaggerated to delay the grant of bail to the petitioner, the petition stated.
The entire episode has been blow out of proportion and the petitioner was unjustly subjected to media trial crying for his blood, for the only reason that he is the son of an MLA.
Also, on threats to victim, Nalapad bail plea stated that the victim is the son of an influential businessman and there has been no such apprehension, but for only SPP who has alleged that he is facing threats, only to exaggerate the issue, the petitioner said.
Nalapad submits that he will cooperate with the investigation and shall abide by the conditions which the court may impose on him while praying for bail, while adding that he has valid reasons to prove his innocence in the case.
The whole incident is highly politicised and unnecessary hype was given by the electronic and print media is to tarnish the image of the father of the petitioner. He further pleaded in the petition that under all these circumstances the whole incident has to be taken with a ‘pinch of salt’ as the petitioner is a victim of a vicious political propaganda.
