The Special Public Prosecutor (SPP) in the pub brawl case submitted before the sessions court that no one came to Vidwath's rescue as Mohammed Nalapad Haris had created an atmosphere of "terror" among the public in the central business district.
During the bail plea hearing of Mohammed and six of his associates, SSP M S Shyamsunder said, "Mohammed and his associates beat him (Vidwath) brutally and mercilessly. But people at Farzi cafe did not do anything...in spite of the request to stop hitting Vidwath, they did not listen."
Shyamsunder based his argument on the complaint filed by Praveen Venkatachalaiah, Vidwath's friend.
The SPP argued, "This kind of fear among people amounts to creating terror. People in Farzi Cafe are scared of Mohammed. So they did not come to Vidwath's rescue. Now, nobody would dare to go to UB City."
Shyamsunder further submitted, "In the complaint, it is stated that Vidwath was beaten by 10 to 15 people. Decades ago there were gangs in each area but later they disappeared. But looking at Mohammed and his associates, it seems like such gangs have resurfaced."
"It is clearly written in the complaint copy that Vidwath was beaten with bottles and knuckle rings. It is a lethal weapon and the accused were carrying it with them and used it to punch the victim with a clear intention to kill him. But he was lucky and he did not die. The accused again manhandled the victim in the emergency room at Mallya hospital...this shows the brutal mindset of the accused," the SPP added.
"The supporters of the accused (Mohammed) threatened me at the magistrate court hall. I took the support of the police to reach home. Now I am under police protection. If this is the condition of an SPP, then what about the people in Farzi Cafe, Mallya Hospital and other places who are witnesses in the case," Shyamsunder submitted.
"The case is still at the preliminary stage and the police have done only 10% of the investigation...The victim's statement is yet to be recorded. He has been shifted to a ward but he is not in a condition to give a statement. At this stage, granting bail may amount to destroying evidence and influencing the witnesses. So it is not a fit case to grant bail," the SPP said.
Counter-arguments
Senior counsel Tomy Sebastian, representing the accused, submitted that Mohammed had no history of cases and he is from a very humble family.
The incident was just a reaction and there was no intention to attack Vidwath. Doctors at the hospital gave a statement that he is recovering and he has been shifted to the ward. Bail cannot be denied only on medical grounds, Sebastian said.
"The sections booked against the petitioner (Mohammed) is not serious in nature. The accused and his associates surrendered before the police. There were in two days police custody. The election is approaching and the petitioner's father, a sitting MLA, is under immense pressure. The accused is now out of danger and looking at the quality of the evidence, bail can be granted," Sebastian added.
Judge Parameshwara Prasanna adjoined the hearing to Tuesday.