PRERANA MISHRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These two petitions are disposed of by a common order. Criminal Petition 4562/2021 is filed by accused in C.C.9093/2020 on the file of V Additional Chief Metropolitan Magistrate, Bengaluru, seeking relaxation of condition No. (b)(i) in the order dtd. 10/7/2020 passed in Criminal Petition 2883/2020. Criminal Petition 5008/2021 is filed by the first informant (defacto complainant) for canceling the bail granted to the accused, i.e., Dr.Rajiv Bajpai.

(2.) I have heard Smt. Manasi Sharma appearing on behalf of Sri Nitin R, the petitioner in Criminal Petition 5008/2021, Sri Madhav Kashyap who appeared on behalf of Sri P.Prasanna Kumar, learned counsel for the accused and the Government Pleader.

(3.) In Criminal Petition 5008/2021 it is alleged that whenever the accused meets his child through video conferencing, he talks in such a way as to brain wash the child to create an impression in him that he was kidnapped by his aunt and grandparents. The accused has called them thieves and they would go to the extent of killing him i.e., the child. The conversation between the accused and the child depicts violation of one of the bail conditions imposed on him in Criminal Petition 2883/2020. The child is the main witness in the criminal case and if he is brain washed by the accused, it will have an adverse impact on the fair trial and therefore the bail granted to the accused is to be cancelled.