After the Karnataka High Court denied bail to Congress MLA NA Haris’ son Mohammed Haris Nalapad in the assault case against Vidvat Loganathan, the prosecution filed a caveat petition with the Supreme Court on Thursday.
Nalapad is, however, yet to approach the apex court with a bail plea.
According to Special Public Prosecutor Shyam Sundar, the caveat petition states that the Central Crime Branch, which is investigating the case, must be heard by the apex court before proceeding with the appeal for Nalapad’s bail.
SPP Shyam Sundar, however, said that Nalapad's counsel had not filed objections to the caveat petition yet.
Sources in the CCB said that the caveat petition has been filed as the investigators suspect possible witness and evidence tampering if Nalapad is granted bail.
“We have already launched a probe into who released Vidvat’s discharge summary to MLA NA Haris. Mallya Hospital too has launched an independent probe. Although he was in prison, there were attempts to tamper with evidence. We are also looking into the validity of the doctor’s note. Hence, the CCB felt that the investigating officers must be heard by the Supreme Court in case Nalapad’s lawyers decide to appeal for bail,” the source added.
Justice Srinivas Harish Kumar, who rejected Nalapad’s bail appeal in the High Court on March 14, in his order, noted that Nalapad “misuses his position…to intimidate the witness and tamper with evidence. The CCTV footages show the horrendous atmosphere created when the incident took place and there is no guarantee that such people will remain quiet without tampering with evidence once they come out of jail.”
On March 2, a sessions courts in Bengaluru had rejected Nalapad’s bail.
Nalapad was arrested after he and friends allegedly brutally assaulted 24-year-old Vidvat, the son of a prominent businessman in an uptown café in Bengaluru on February 17.
According to the FIR, Vidvat and his friend Praveen Venkatachalaiah had gone to Farzi Cafe on February 17 for dinner, when a fight broke out.
Nalapad had asked Vidvat not to stretch his legs in the café. But Vidvat argued that he had injured his legs and therefore had to stretch them.
Nalapad later called his henchman and they allegedly brutally assaulted Vidvat. The CCTV footage of the entire incident was submitted by the prosecution to the court.
On February 21, Nalapad filed for bail. In his application, he said that invoking IPC section 307 (attempt to murder) was wrong. His plea claimed that the section was added due to his political connections and the media scrutiny of the case.
The plea also cited that Vidvat was drunk and he was injured when he fell on his face.
Shyamsundar dismissed the pleas by pointing out that Vidvat was injured by the brutal assault by Nalapad and his associates who punched and kicked him.
Doctors at Mallya Hospital who treated Vidvat rubbished claims that he was drunk.