A.V. Chandrashekara, J.

1. Heard the learned Counsel for the petitioner and the learned Government Pleader. Petitioner who is accused 1 in Crime No. 56 of 2015 on the file of Sagar Town Police Station, Shimoga District has approached this Court seeking regular bail under Section 439of Criminal Procedure Code, 1973. Case is registered for the offences punishable under Sections 143, 147, 148, 115, 120-B and 302 read with Section 149 of Indian Penal Code, 1860. He is in judicial custody since 23-2-2015.

2. Case on hand relates to the murder of a person by name Hussainer alias Babu on 20th March, 2015 at about 8.30 p.m. in front of Sharavathi Cool Drinks Shop at Sagar Town. It is alleged that this petitioner and accused 8 instigated other accused to assault the deceased with deadly weapons and cause his murder.

3. Learned Government Pleader has vehemently opposed the bail application on the ground that it is premature to disbelieve the case of the persecution and the material collected by the police in regard to the involvement of this petitioner along with other accused by forming an unlawful assembly and by holding deadly weapons, make out a prima facie case.

4. Main allegation is