her house, accused No.1 was there and he abused the deceased as well as the complainant and later on took them to Buradikatti - Malavalli Thanda plantation, wherein he secured the present petitioner and accused No.2 and they indescribably assaulted the deceased by club and later on took them on two wheeler and thrown them near Inam Mutalli temple. The allegation further discloses that they were disrobed and poured water and were assaulted. The P.M. report discloses that deceased has suffered as many as 17 injuries on his body. Further, the complainant has also suffered grievous injuries. The complainant is an eye witness and he was also assaulted and statement of injured carries the weight. The possibility of petitioner traveling to 60 Kms in a short span and his presence at the spot being practically impossible, in view of the defence of plea of alibi can only be considered at the time of the trial. At this juncture, there is strong evidence as against the present petitioner and admittedly, death of deceased Somappa is a homicidal death. The surgery of the wife of the petitioner cannot be a ground for acquitting him on bail. It is submitted that the matter is not yet committed since accused No.2 is absconding. In that event, the petitioner is at liberty to request
