Cops trying to build 'watertight case' against Pune car crash accused & his father: Police chief

Pune Police is working to build a firm case against a 17-year-old teen who has caused a nationwide outrage after he rammed his father's Porsche into a motorcycle while driving drunk, killing two IT professionals in their early 20s on the weekend, the city's police chief has said.

Vishal Agrawal, the father of the teen who was evading authorities, has also been arrested in Maharashtra's Aurangabad following the filing of a case against him on May 20.

The case against him was registered under Sections 75 (wilful neglect of a child, or exposing a child to mental or physical illnesses) and 77 (supplying a child with intoxicating liquor or drugs) of the Juvenile Justice Act.

The accused knew that his act could cause death and the Indian Penal Code section against him will be applied accordingly, Pune Police Commissioner Amitesh Kumar told NDTV on May 21.

The other two occupants of the car, also friends of the accused, are being treated as witnesses for now, and the police are trying to build a watertight case, the police chief said.

"Here, we are not applying a case of 304(a) of the Indian Penal Code of drunken driving and a rash and negligent act. We are applying Section 304, where we are saying that he had the knowledge that his rash act - where he was driving a Porsche without a number plate at a rash speed on a narrow street after consuming alcohol - could cause or was likely to cause death," the police commissioner said.

Referring to the bail order passed by the JJB on Sunday, the city police chief said that the accused has taken a plea that he is addicted to alcohol.  The teen is just four months short of 18 years, the minimum age required to legally drive a car.

The police are trying to prove a case of culpable homicide not amounting to murder where there is a knowledge that this rash act of his could cause death, Kumar said.

According to the police chief, the teen will possibly be remanded until they apply to try him as an adult.

Action has also been taken against the pub owners and five accused have been arrested, including the father, who will be produced before the court on Wednesday.

What Exactly Happened

The minor, who had been drinking with his friends in two pubs in Pune to celebrate his Class 12 results in the early hours of May 19, knocked down two IT professionals in the Kalyani Nagar area of Pune while he was driving.

Aneesh Awadhiya (24), who was riding the bike was sent flying and hit a parked car, while Ashwini Koshta (25) - who was riding pillion - was flung 20 feet into the air. Both of them died on the spot.

JJB under fire for granting bail

Soon after the accident, the accused was arrested and, within about 15 hours, got bail from the Juvenile Justice Board (JJB) on certain conditions that included writing a 300-word essay on accidents, working with traffic police in Yerwada for 15 days, and undergoing treatment for his drinking habit and counselling sessions.

The decision was widely criticized with Maharashtra Deputy Chief Minister Devendra Fadnavis expressing shock and surprise over the JJ Board (JJB) taking a “lenient view” of the fatal car accident that granted bail to the accused. He also pushed for trying the teenager as an adult.

The police said they will seek a higher court's permission to prosecute him as an adult accused.

Meanwhile, Maharashtra Transport Department has barred the accused, from getting a driving license until he turns 25 years old.

Accused claimed to be alcoholic

In the bail order passed by the JJB, the accused mentioned that he is an alcohol addict to prove that he was not in his senses when the accident occurred.

The teen reportedly spent Rs 48,000 within 90 minutes at one of the two pubs he visited hours before he rammed his luxury vehicle into the bike. Reportedly, the accused visited two pubs – Cosie restaurant and Hotel Blak Club – and was served alcohol just hours before the accident.

On the intervening night of Saturday and Sunday, the accused juvenile along with his friends went to the two pubs between 9.30 pm and 1 am and consumed liquor, according to police.

His blood report is yet to be received but preliminary investigation showed that the juvenile was drunk at the time of the accident.

"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," the police chief said.

Accused’s father sent to 2-day custody

The father of the accused, a high-profile real estate developer, who was presented in court today, was sent to police custody till May 24.

Some people allegedly tried to throw ink at the police vehicle in which he was brought to a local court in Pune.

Vishal Agrawal, was arrested in Maharashtra's Chhatrapati Sambhajinagar (Aurangabad) on May 21 after a search was conducted. 

The realtor went on the run after an FIR was registered against him, misleading cops by changing multiple cars while on the run.

Reportedly, the realtor left his home in his car to Mumbai while asking another driver to leave for Goa in his other car. On the way to Mumbai, he got off the car and used a friend's car to proceed towards Chhatrapati Sambhajinagar.

Police said that multiple cars were involved to confuse the cops on where he was headed. He also started using a new SIM card so that he could not be tracked.

A team of the Pune crime branch, after getting information that he was in his friend's car, started tracking the vehicle through its GPS. They identified him using footage from CCTV cameras on the route.

Owner, staff of two bars remanded

A local court has remanded three accused, an owner and two managers of different restaurants, in police custody till May 24, and directed the pub and bar operators to decide a limit on how much liquor should be served to their customers as the latter use their own vehicles to drive back home afterwards.

The prosecution told the court that the establishments owned or managed by the accused served liquor to the boy and his friends without confirming his age.

Following the public outrage after the accident, a special inspection drive has been started by the excise department to ensure pubs and license-holding restaurants do not serve liquor to underage patrons and operate beyond the 1.30 am deadline.

"If any violations are found, cases would be registered against such establishments and their licenses will be cancelled,” said a statement by the department.