Order.- This petition is one under section 439 of the Code of Criminal Procedure, 1973 (II of 1974) (hereinafter referred to as the “New Code”) by the petitioner Sangappa who is A-1 in Session Case No. 46 of 1977 on the file of the Sessions Judge, Bidar, for admitting him to bail during the pendency of the sessions trial.

2. The few facts relevant for the disposal of this petition may be stated as under:

3. Deceased Baburao is the younger brother of the petitioner. They belong to Jaknal village of Aurad Taluk in Bidar District. There was enmity between the petitioner and the deceased on account of the partition of their family properties. On 16th June, 1977 between 4 and 5 p.m., the petitioner and 8 others formed themselves into an unlawful assembly with the common object and pre-planned intention to commit the murder of Baburao, attached him in the nala of Jaknal village with sickles, axes and sticks and inflicted fatal injuries. The occurrence in question is said to have witnessed by Joteppa the father of the deceased and two others by Vaijinath and Nagashetty. Shamarao, who is the dalapathi and police patil of Jaknal village, on hearing hues and cries from the scene of occurence,

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