Pune Porsche accident: Bombay High Court denies anticipatory bail to father of minor co-passenger

The Bombay High Court on Wednesday denied anticipatory bail to Arunkumar Singh, whose minor son was a passenger in the Porsche car that hit two motorcycle passengers in Pune's Kalyani Nagar killing them [Arunkumar Devnath Singh v State of Maharashtra].

Singh faces allegations of conspiring to alter his son's blood samples to hide the presence of alcohol following the incident.

Justice Manish Pitale observed that there was prima facie evidence suggesting Singh bribed doctors at Sassoon Hospital to swap his son’s blood sample with that of the co-accused .

“A perusal of the material that has come on record during the course of investigation prima facie indicates that the blood sample of the minor son of the applicant was replaced with the blood sample of co-accused Ashish Mittal. This was at the behest of the applicant himself, in order to create a document that would ensure that the minor son of the applicant goes scot free,” the Court noted.

The tragic event occurred on May 19, 2024, when a Porsche, allegedly driven by another minor, collided with a motorcycle, resulting in the deaths of two individuals.

In the aftermath, Singh and other co-accused reportedly engaged in swapping blood samples to obscure any evidence of alcohol consumption, aiming to mislead investigators.

Singh defended himself by arguing that the charges were unwarranted, claiming that the provisions of Section 464 of the Indian Penal Code which penalises making false documents by deception, did not apply because the doctors involved were aware of the sample changes. However, the prosecution countered that Singh’s actions were central to a conspiracy intended to protect his son from legal consequences.

“The applicant, being the father of the said minor son, was part of the conspiracy under Section 120-B of the IPC to bring about such deception by affixing of label to show the blood sample to be that of the minor son while it was the blood sample of co-accused Ashish Mittal. It is the said label affixed on the blood sample that was the basis of deception, read with the documents created in conspiracy with co-accused Dr. Halnor. Hence, the contention raised on behalf of the applicant that blood sample is not a 'document' pales into insignificance,” the Court held.

Hence, the single-judge concluded that the ingredients of the offences were prima facie made out.

The Court also noted the potential obstruction to investigation due to Singh absconding.

“There is substance in the contention raised by the Special Public Prosecutor that the applicant remaining absconding has created an impediment for the investigating authority to fully and effectively investigate into the matter, including the angle of conspiracy and the constituents thereof," the Court said.

In view of the above, the Court proceeded to reject the plea.

"The said offence under Section 467 of the IPC prescribes punishment with imprisonment for life and therefore, the application deserves to be dismissed,” the order stated.

Senior Advocate Aabad Ponda along with advocates Abid Mulani, Ashish Agarkar, Harshada Panphani and Chinmay Patil appeared for Singh.

Special Public Prosecutor Shishir Hiray along with advocate Sanjay Kokane and Additional Public Prosecutor Sagar Agarkar appeared for the State.

[Read Order]