Mohammed Nalapad, son of Congress MLA NA Haris, has secured a stay for eight weeks from the Karnataka High Court on the criminal proceedings against him in the attempt to murder case. This after Nalapad’s legal counsel sought quashing of the case arguing that the Central Crime Branch police which filed the chargesheet is not an “authorised police station in the eyes of the law”. The defence pointed out that the CCB is not a recognised police station according to the Criminal Procedure Code and hence, it cannot file a chargesheet.
Bengaluru police and Special Public Prosecutor Shyam Sundar are expected to file objection. Nalapad is currently out on bail after three months in jail. He was arrested on February 19, two days after he and his friends allegedly assaulted Vidvat, the son of a prominent businessman, at Farzi Café, an uptown café in Bengaluru, over a minor altercation.
The high-profile incident just months before the state elections had embarrassed the state government which transferred the case to CCB to avoid allegations of influence. Nalapad was stripped off his primary membership of Congress party and lost his position of district Youth Congress president.
The chargesheet, filed by the Central Crime Branch (CCB) to the Additional Civil and Sessions Court, alleged that Nalapad initiated the incident and provoked his aides with the intention of murdering Vidvat. Nalapad has been charged for section 307 (attempt to murder), section 341 (wrongful restraint), 506 (criminal intimidation), 143 and 144 (unlawful assembly), 146 and 147 (rioting), 326 (voluntarily causing grievous hurt by dangerous weapons) and 504 (intentional insult with intent to provoke breach of peace) of the Indian Penal Code.
The chargesheet said that Nalapad’s leg had accidentally touched Vidwat’s outstretched right leg, which was covered with plaster of Paris. Upon this, Nalapad had verbally abused and sought apology from Vidvat by asking him to kiss his feet. “I am a son of local MLA NA Haris. You are not even equal to my shoe. You say sorry and kiss my feet,” he is reported to have said.
When Vidvat refused to apologise in that manner, Nalapad and his aides attacked Vidvat with glass bottles, ice buckets and other items.