Khar murder: ‘Accusations are fabricated, the police are trying to implicate Diya,’ says lawyer

Diya Padalkar, accused in the case

The accusation that Diya Padalkar assaulted a 19-year-old student on New Year's Eve leading to her eventual death is a complete fabrication and police are trying to falsely implicate her in the Khar resident's murder, Padalkar's lawyer has alleged in the bail application.

Advocate Ashok Mishra filed the bail plea in the Mumbai sessions court on Thursday, stating that she is innocent and had nothing to do with Jhanavi's murder on the night several guests were attending a New Year's Eve party at Bhagwati Heights. The hearing was adjourned till February 11 as other parties in the case were not informed.

The application also cited the injury on Diya's upper lip, which police said she sustained during a scuffle with the deceased. The lawyer, however, claimed Padalkar felt dizzy while ascending the stairs, lost her balance and hurt her lip. Her friends took her to the house of Yash Ahuja, who had organised the NYE party at his second-floor flat. As the bleeding didn't stop, they took Diya to Hinduja hospital and informed her father Sameer Padalkar who met them there, the application stated.

Mishra also stated that Diya first learnt about the victim's death when Inspector Netra Mule came to the hospital to arrest her. He also mentioned that they were close friends since childhood and their families also shared cordial relations.

Fabricated accusations
The application stated, "As per the statements of all the witnesses mentioned in the FIR and the remand application, Padalkar was last seen in Ahuja's bedroom or washroom, while the victim was last seen alive either on the terrace or at the staircases adjoining the terrace, which is another material proof pointing towards the impossibility of participation/commission of her in the alleged offence."

"That... she committed the alleged offence against the deceased by vigorously pulling her hair and thereafter, banging her skull on the staircase floor multiple times... is a fabricated story advanced by the investigating officer (IO) to falsely implicate her."

Mishra has also stated that Diya does not need to be in custody. He added she will fully cooperate with the investigation and is ready to give an undertaking that she will not influence the witnesses in the case.

The victim's family lawyer, Advocate Trivankumar Karnani, has said they file intervention application to oppose her bail plea as it was a cold-blooded murder and Padalkar played an important role in it. "The post-mortem report has disclosed a total of 48 injuries, including serious skull wounds, inflicted by the accused persons as per submissions of the IO during the remand hearing and hence, bail application is devoid of merits," Karnani said.

11 Feb
Date the court has given for the next hearing in case