Bengaluru: The Karnataka High Court on Monday said that the CCTV footage clearly shows that Mohammed Haris Nalapad was on the spot and he was the first to attack Vidvat at Farzi Cafe in the altercation that happened on February 17.
Justice Sreenivas Harish Kumar said, before adjourning Nalapad’s bail plea to Wednesday to pass orders. “I am bringing it to your notice that the accused was on the spot and he was first to assault Vidvat and it was recorded in CCTV footage which was provided to the court by the investigator. I go by records and pass the orders at 2.30pm on Wednesday,” the judge said.
This was after the Senior Counsel C V Nagesh, representing Nalapad, argued that Nalapad was not a party to the assault and that no overt act was attributed to the accused as the FIR stated that there was a quarrel between Nalapad and Vidvat and there were injuries on head, chest and nasal bone were broken but it was not specifically stated anything against Nalapad.
“Even Loganathan (Vidvat’s father), in his statement before the sessions court seeking to invoke Section 307 (attempt to murder) against Nalapad and other accused, has also stated that his son was attacked at the instance of Nalapad. In FIR, there was no mention about knuckle rings allegedly used to hit Vidvat. Only jug and bottles were seized and there is no basis that the accused attacked the victim with a knuckle ring. The prosecution is misleading the court to obtain favourable order from the court”, he argued.
