High drama in HC as Nalapad accused of fabricating doctor's note on Vidvat

High drama prevailed in the Karnataka High Court on Friday during Mohammed Haris Nalapad’s bail hearing.

Nalapad, the former Bengaluru District General Secretary of the Youth Congress was arrested for brutally assaulting 24-year-old Vidvat at the city’s Farzi Cafe.

Though Vidvat had been allegedly attacked by Nalapad and friends at two locations,  Senior advocate, VC Nagesh, who appeared for Nalapad had argued that it was not a case of assault, but just a “drunken brawl”.

“Vidvat did not suffer any serious injuries, nor were any weapons used. It was only a drunken brawl. The fight broke out in the heat of the moment and there was no intention to kill Vidvat. Hence section 307 is not applicable,” VC Nagesh said.

The defence also argued that Vidvat had been deliberately kept in the ICU due to pressure from his family members so he would not be able to give his statement to the police.

VC Nagesh had also produced a doctor’s note signed by Dr Anand, one of the doctors who had treated Vidvat during the period of his hospitalisation. The doctor’s note produced by the defence stated that Vidvat had a “hairline fracture and a simple scratch” and that Vidvat could be shifted out of the ICU on February 25 itself.

“Every time doctors said that Vidvat could be discharged, he complained of something new. He was fabricating problems,” VC Prakash had told the HC.

The defence had argued that efforts had been made to portray Vidvat’s condition as critical, so that Nalapad would not get bail.

Objecting to the claims made by the defence, Special Public Prosecutor Shyam Sundar, representing Vidvat then pulled out a detailed discharge summary, which was submitted as evidence against Nalapad.

“The discharge summary had detailed all the injuries suffered by Vidvat. Besides, even if there was a doctor’s note, how did the defence get it? Vidvat was still under treatment and it was proved in court that the defence had fabricated evidence. This is a medico legal case and the hospital records are confidential. How did the defence get hold of this doctor’s note even before the investigating officers or even the family of the victim got it?” SPP Shyam Sundar questioned.

Soon after, three videos were also presented as evidence before the court. The first one was that of Mohammed Haris Nalapad entering UB City along with 15 men. The second was a 15-minute clip of Nalapad and his gang brutally assaulting Vidvat and the third one was that of Nalapad and the gang threatening Vidvat’s brother Satvik at Mallya Hospital.

“Since the video of the assault was brutal, the video was played in the judge’s chambers. It is a 15-minute clip. There are 15 people beating Vidvat. Nalapad is wearing knuckle rings and is seen assaulting Vidvat. The assault goes on for 15 minutes and there are around 100 people who are standing and watching in fear. He is assaulted once more when Vidvat is coming down the escalator. Nalapad and his men drag him back to Farzi Cafe and beat him up again. This clearly proves the extent of Vidvat’s injuries,” Shyam Sundar told TNM.

Justice Srinivas Harish Kumar, the judge presiding over the hearing adjourned the court. The next hearing is scheduled on March 12.