( 1 ) THIS Petition is filed by the petitioner under sections 439 and 167 (2) of Crl. P. C. praying for grant of bail to him in Crime No. 114 of 1989 of Nazarbad Police Station, Mysore City. Originally the petition was filed under Section 439, Crl. P. C. Subsequently, by an amendment, section 167 (2) of Crl. P. C. is also added, in addition to Section 439 of Crl. P. C. But, at the time of hearing of this petition, learned counsel for the petitioner submitted that this petition may be considered only under Section 167 (2), Crl. P. C.

( 2 ) I have heard the learned counsel for the petitioner and the learned Government Pleader fully and perused the records of the case.

( 3 ) THE case of the prosecution is as follows:-Deceased Savitha was the daughter of C. K. Ramu. The petitioner is an Instructor in the department of Tele Communications in Mysore. He was a tenant of C. K. Ramu. There was illicit intimacy between the petitioner and deceased savitha. He intended to marry her and when the parents of deceased Savitha resisted the proposal, there was some altercation between the petitioner and the family of deceased Savitha. On 30-9-1989 at about 9-30 a. m. in Siddartha la