SYED VASEEM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 439(2) of Cr.P.C. seeking cancellation of bail granted to respondent Nos.2 to 4 in Crl.Misc.No.25/2022 passed by the III Addl. District and Sessions Judge, Ramanagara in Cr.No.199/2020 on 18/9/2020 for the offence punishable under Sec. 302 read with 34 of IPC .

(2.) Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.

(3.) The factual matrix of the case of the prosecution is that the informant Syed Wasim was taking care of his nephew i.e., the victim Rahib Pasha, as he had no father. The said victim was working in the cloth shop. That on 17/9/2020, the said victim did not attend his regular duty at the said cloth shop. On the intervening night of 17/9/2020 and 18/9/2020, the neighbouring businessman by name Meezan made a phone call to the informant and informed that there was clash between Rahib Pasha and Vali. Pursuant to the said phone call in the odd hours, the informant approached his sister i.e., the mother of the victim and learnt that Rahib Pasha had left the home at 8.00 p.m. on 17/9/2020 along with Tahaa. After having such information, the informant, his elder brother Syed Nadeem and uncles of Rahib Pasha went in search of him and had searched for him at the places of said Vali, but the same was in vain as nothing was found about Rahib Pasha. At that time, the neighbouring businessman Meezan made a phone call to Vali and the said phone call was not responded by Vali and later on Vali himself made a phone call to the mobile of Meezan and the said phone call of Vali was received by Rafi Ulla, who questioned Vali about Rahib Pasha and Vali replied that Vali, Muneer and Zubeer had killed Rahib Pasha near the BESCOM office of Kanva Layout. Pursuant to the said information, the informant and others went to the BESCOM office at Kanva Layout and found Rahib Pasha in the pool of blood. Based on the complaint, the case has been registered and investigated the matter and filed the charge- sheet. The respondents had approached the Trial Court filing an application under Sec. 439 of Cr.P.C. seeking bail and the Trial Court after filing of the charge-sheet, granted the bail and hence being aggrieved by the granting of bail, the informant/complainant has approached this Court invoking Sec. 439(2) of Cr.P.C.