BENGALURU: After concluding the hearing of the bail plea of Mohammed Nalapad Haris, son of Shanthinagar MLA N.A. Haris, and six others accused in the assault case of 24-year-old Vidwath at a city hotel recently, the 63rd City Civil and Sessions Court on Tuesday reserved the orders for Friday.
During the proceedings, Special Public Prosecutor Shyam Sundar, representing the victim, maintained that Vidwath, who already had a fractured leg, was attacked using by a group of 10 to 15 people almost to death, which amounts to attempt to murder.
While objecting to bail for all the seven arrested in the case, he said the accused should not be released on bail as the police were yet to record the statement of the victim and there were more people involved in the attack, who were still absconding. “A case of this kind is an offense against humanity as the accused assaulted the person, who could not even resist, to derive sadistic pleasure,” Sundar said.
Sundar also cited two judgments including the 2012 Delhi gang-rape and pleaded that the bail should not be granted, as it would deprive the immediate justice for the victim and the people would lose faith in the system.
Countering Sundar’s submission, S. Balan who represented the six accused (excluding Nalapad) said that the prosecution was exaggerating the incident and was making a mountain out of a molehill. The prosecution mentioned that the victim was hit with a knuckle. There was neither mention of the knuckle in the complaint nor the names of my clients. The police as part of the spot inspection recovered a beer bottle and few water jugs from the scene of the crime, which shows that the attack happened on the spur of moment and there was no plan, motive, and intention, Balan argued. “The case was booked under attempt to murder, but the motive, preparation, and execution required for such crime is missing,” he added. After hearing the arguments submitted by the special public prosecutor Sundar representing the victim, Nalapad’s lawyer Tomy Sebastian and Balan who represented the other six accused in the assault, the Sessions Court judge Justice Parameshwar Prasanna said that the order, in this case, will be pronounced on Friday.
