MOHAMMED NALPAD HARIS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a petition filed under section 439 of Cr.P.C. The petitioner is accused No.1 in a case registered by the respondent-police and now being investigated by City Crime Branch, Bengaluru in relation to an incident that took place in a restaurant called Fergy Cafà ((THELAW)), U.B. City, Bengaluru at about 10.00 p.m. on 17.2.2018.

(2.) The first information report was given by one Preveen Venkatachalaiah. The gist of his report is that he came to Bengaluru to meet his friend Vidwat who had fractured his leg four weeks ago. They all went to Fergy Cafe to have dinner and at that time, a verbal fight took place between Vidwat and Nalapad Harris. About 10 - 15 people hit Vidwat mercilessly on his face, head, chest and broke his nose. They hit him with bottles and rings. Vidwat fell down bleeding and was unconscious. He was asked to apologize to Harris, as he is the son of a local MLA. In spite of repeated requests, they did not stop hitting Vidwat. Later on, Vidwat was shifted to Mallya Hospital. He was taken to Intensive Care Unit. Those 10 - 15 people came to the hospital and again threatened and abused Vidwat. Based on this report, initially the Cubbon Park police registered a case of crime in relation to the offences punishable under sections 506 , 506B , 326 , 141 , 143 , 144 , 146 , 147 , 341 read with section 149 of IPC. Subsequently, the offence punishable under section 307 of IPC was added in the FIR.

(3.) The petitioner moved the Court of Session for bail and his application was rejected. Therefore, the petitioner is before this Court