( 1 ) THE question that calls for consideration in this petition is whether the Complainant or the relations or interested persons of deceased victim can lay application under section 439 Cr. P. C. for cancellation of bail granted to the accused.

( 2 ) THIS petition is filed under section 439 Cr. P. C. by the brother of the deceased for cancellation of bail granted by the II Additional District and Sessions Judge, Warangal in Crime No. 46/97, dated : 21-5-1997.

( 3 ) THE brief facts of the case are that the Respondents No. 2 to 6 herein are the Accused No. 1 to 5 in Crime No. 46/97 of P. S. Parkal. They are alleged to have committed offences under sections 498-A and 306 IPC. The deceased was sister of the petitioner who was married to A-1 in 1988 and some dowry was given to A-1. But, however, when the brothers of A-1 namely A-2 and A-3 got married, they received higher dowry and therefore A-1 also started demanding additional dowry and in that process she was being subjected the deceased to cruelty and harassment. Unable to bear with the harassment, the deceased committed suicide by pouring kerosene on her. According to the petitioner, he suspects that it is a murder and not a suicide. The incident took place on 1-5-1997, and the deceased by name Smt. Prabha alias Prashanti died in the hospital on the same day. The Police recorded the F. I. R. and registered a crime under sections 498-A Read with Section 306 IPC and they were arrested and remanded. A-1 to A-5 moved bail application before the learned II Additional District and Sessions Judge, in Cri. M. P. No. 887/97 and it was allowed. It is the case of the petitioner that the bail petition was moved in the morning on 21-5-97, the bail was granted on the same day. It is the complaint of the petitioner that the material evidence has been ignored by the learned Judge and without giving any notice to the Public Prosecutor, the bail was granted on the same day giving untenable reasons, more especially when the matter is pending further investigation. It had caused mental torture and there is every possibility of Respondents tampering the witnesses and obstructing the progress of the investigation.

( 4 ) THE learned Public Prosecutor submits that the Application for cancellation of bail by the petitioner who is the brother of the deceased is not maintainable, and, that it is only for the State to approach this Court for cancellation whenever the occasion arises. On the other hand, the learned counsel for the petitioner submits that the petitioner being the brother of the deceased is entitled to seek cancellation of the bail as the Respondents have been acting detriment to the interest of prosecution. He relies on the judgments reported in Bohre Singh v. State, AIR 1956 All 671 : (1956 Cri LJ 1275), Talab Haji Hussain v. Madhukar Purshottam Mondkar, AIR 1958 SC 376 : (1958 Cri LJ 701) and State of Maharashtra v. Tukaram Shiva Patil, 1977 Cri LJ 394 and submits that whenever there is a threat or obstruction to the witnesses and whenever there is apprehension of prejudice to the investigation, it is always open for the aggrieved person to assail orders granted and seek cancellation of the bail granted to the accused.

( 5 ) AS already narrated, a crime was registered against the Accused under Sections 498-A and 306 IPC. The learned II Additional Sessions Judge, Warangal holding that it would be improbable to think that the dowry was demanded at the belated stage enlarged the accused on bail on executing a bond for a sum of Rs. 3,000. 00 each with two sureties for like sum.

( 6 ) THE question that falls for consideration is whether the petitioner has locus-standi to file the present application under section 439 Cr. P. C. which reads as follows :"special powers of High Court or Court of Sessions regarding bail - (1) A High Court or Court of Sessions may direct - (a) that any person accused of an offence and in custody be released on bail, and if the offence is of the