One of the two men allegedly accused of killing Thorisho Themane, 28, in Polokwane says the late musician held him by the hand and begged to be taken home.

This was allegedly before he was further assaulted by a group of high school pupils who claimed he had stolen a cellphone.

Alfred Mothapo, 38, an asset manager at the Polokwane municipality, said that when he accosted Themane after one of his friends, Chuene Maleka, had caught up with him, he realised Themane appeared harmless and somewhat intoxicated.

"He tried to run away but he hit a lamp post and fell down. While he was down, the youth were kicking him and my other friend, Russia Chavangu, got out of the car and kept the rowdy youth at bay," Mothapo stated in an affidavit read out in court.

He added: "He stood up and I asked him where he stayed and he pointed at a house nearby. We went to the house and knocked but there was no answer."

Mothapo said when he came back a group of young people were surrounding Themane, shouting that they want their cellphone.

"The man held my hand and begged me to take him home in Flora Park. I told him I can't take him after he (had) pointed out the wrong house first. But I told him the best I could do was to call the police," read the affidavit. The court heard that Mothapo called the police but they didn't come and the group had already disappeared with Themane.

The state has withdrawn a charge of murder against Chavangu. Defence lawyer John Mohoto asked the court to release Mothapo and Maleka on a warning since they have been co-operating with the police.

Magistrate Prakash Maharaj granted Mothapo and Maleka R1000 bail each and their case was postponed to April 2 for further investigation.

Karabo Themane, 31, Thorisho's brother said the withdrawal of charges against one of the suspects is a sign that the state doesn't have a water-tight case.