Cops bent on getting Pune crash accused to be tried as adult; set to move court again

A day after the Juvenile Justice Board here granted bail to a teenager involved in a car accident that killed two people while asking him to write a 300-word essay, police on Monday said they will seek a higher court's permission to prosecute him as an adult accused.

Police have also registered a case against his father Vishal Agarwal, a real estate developer, and placed him under arrest, a senior official said.

Pune Commissioner of Police Amitesh Kumar told NDTV that the bar owner and the manager who served liquor to the minor have been arrested. According to police, hours before the crash, the 17-year-old was seen consuming alcohol at two local pubs, where he was celebrating his class 12 results. Amitesh added, “The legal drinking age in Maharashtra is 25, making it illegal for the establishment to serve him. Consequently, the bar owners are also facing charges for serving alcohol to a minor.” 

The Porsche car allegedly driven by the 17-year-old, who the police claim was drunk at the time, knocked down two persons on a motorbike in Kalyani Nagar area here around 3.15 am on Sunday, causing their death.

The youngster was produced before the Juvenile Justice Board which granted him bail hours later. It also directed him to visit the Regional Transport Office and study traffic rules, and submit a presentation to the Board within 15 days. "The CCL (Child in Conflict with Law) will write an essay of 300 words on the topic of road accidents and their solutions," the order read.

The board also directed the youth to be referred to an alcohol deaddiction centre for counselling. The quick bail in a case where two people had died, however, has drawn criticism.

According to police, a case has been registered against the youngster under section 304 (culpable homicide not amounting to murder ) of the Indian Penal Code and sections of the Motor Vehicles Act.

A group of friends were returning on motorbikes around 3.15 am on Sunday after a party when a speeding Porsche hit one of the motorcycles at Kalyani Nagar junction. The two riders -- Anis Awadhiya and Ashwini Costa, both 24-year-old IT professionals and hailing from Madhya Pradesh -- died of their injuries.

"On Sunday itself we had moved an application before the court (board) seeking permission to try the juvenile as an adult and send him to an observation home as the crime is heinous, but the plea was rejected. We are now approaching the sessions court with the same plea," said Pune police commissioner Amitesh Kumar.

His blood report was yet to be received but preliminary probe showed that the juvenile was drunk at the time of the accident, he said.

"The CCTV footage of the bar clearly shows that the juvenile was consuming alcohol. There is no doubt that the juvenile was driving the car after consuming alcohol. We will be submitting all these facts to the court," commissioner Kumar said.

"We have also registered an offence against his father under sections 75 and 77 of the Juvenile Justice Act, and against the proprietors of the bar establishment for serving alcohol to an underage person. We have transferred the probe of these cases to the crime branch," he further said.

Section 75 deals with "willful neglect of a child, or exposing a child to mental or physical illnesses," while section 77 deals with supplying a child with intoxicating liquor or drugs.

The Deputy Commissioner of Police, Vijay Kumar Magar of Pune City Police, confirmed that the juvenile has been apprehended and the owner of a bar that served him alcohol has been booked. An FIR has been lodged, and an investigation is underway.

Police displayed professionalism while dealing with the case, commissioner Kumar claimed. "The case was transferred to an ACP-level officer and it is our endeavor to make a watertight case. We will appoint a special counsel in this case," he added.

Meanwhile, local residents said they have been protesting against the nuisance caused by the pubs and bars in the area for quite some time.

"Ours was a quiet neighborhood, but in the last couple of years, pub culture has crept in and is now ruining the area," said a woman.

The issue was raised with the Pune Municipal Corporation, police as well as the excise department, but to no avail, she said.

Yasmin Charaniya, a member of Team Swach Kalyani Nagar (TSKN), a local residents' association, said some restaurants operate from residential societies and serve liquor.

"These establishments operate late into the night, sometimes until 3 or 4 am, creating nuisance. Since the new police commissioner took over, he has at least ensured that the deadline of 1:30 am is followed," she said.

But the residents want this deadline to be further rolled back to 11 pm and police patrolling should be increased to avoid such an accident, Charaniya added.

Police commissioner Kumar said he was ensuring that bars and other establishments stop operations by 1:30 am. "Our patrolling teams are keeping a close watch and ensuring that pubs and bars are closed on time," he said.

(With PTI News Syndicate)