The sessions court on Wednesday approved bail for Valaji Raja Bhushan, father of the minor accused in the February 5 SUV crash in Ghatkopar that killed businessman Dharmil Patel and injured his wife Minal. The court held that the available material does not prima facie prove that Bhushan intentionally allowed his son to drive the car.
Allowing the bail application, Additional Sessions Judge RM Jadhav noted that “it is beyond doubt that the applicant/accused was not present in the vehicle or driving the offending vehicle at the time of the accident.” The court recorded that it was the minor son who was allegedly driving the vehicle involved in the accident and that the investigation into the father had been largely completed.
The judge also referred to statements recorded during the investigation, which indicated that the car keys had been handed over to the building’s security guard earlier in the evening and were later taken by the minor.
According to the guard’s statement, the father stopped the SUV and left the keys with him, after which the son “asked for the keys” and drove off. In the circumstances, the court noted that the prima facie material indicated that the father “was not aware of the fact that his son was traveling in the car at the time of the accident.”
Bhushan’s bail plea was strongly opposed by the victim’s family through an intervention application filed by Meenal Patel, widow of the deceased, through lawyer Ruben Mascarenhas. The family said that Bhushan, as the father of the minor driver and the registered owner of the vehicle, bears responsibility for allowing an unlicensed juvenile to access the vehicle.
They also claimed that the son has a history of reckless driving and posted videos on social media, performing dangerous stunts with vehicles. Mascarenhas further confirmed that the accused has influence and could interfere in the investigation if he is released on bail.
The victim’s relatives also claimed that attempts were made to settle the case through an offer $40 thousand as “blood money”.
A letter written to police claimed that “word had been sent to the family…of an offer of blood money.” $40 thousand to settle the case
The fatal accident took place late in the night on February 5 near Somaiya College in Vidyavehar. According to the prosecution, the Kia Seltos, which the 17-year-old was driving, collided with a motorcycle on which Dharmil Patel and his wife Minal were riding, leaving both of them seriously injured.
Patel succumbed to his injuries after battling for life in hospital, while Minal survived with serious injuries. After his death, investigators added the offense of culpable homicide not amounting to murder under the Bharatiya Nyaya Sanhita Act, besides provisions for rash and negligent driving and offenses under the Motor Vehicles Act.
The family of the deceased also demanded that the 17-year-old accused be tried as an adult.
The police had previously arrested Bhushan on charges of allowing his minor son to drive the car despite knowing that he did not have a driving licence.
By Vikrant Jha
