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Madras High CourtCRL OP/10876/2026granted

Manjunath v. State Represented By The Inspector Of Police

2026-05-20Honourable Mr.Justice R.Sakthivel6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-05-2026

CORAM

THE HON'BLE MR.JUSTICE R.SAKTHIVEL Manjunath S/o.Venkatesappa ..Petitioner/A1 Vs State represented by The Inspector of Police Bagalur Police Station, Krishnagiri District.

(Crime No.51/2026) ..Respondent/complainant PRAYER:- Criminal Original Petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant bail to the petitioner in Crime No.51 of 2026 on the file of the respondent-police. For Petitioner(s):

Mr.M.P.Saravanan For Respondent(s):

Mr.L.Baskaran, Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition has been filed by the petitioner on 22.04.2026 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant bail.

2. The petitioner/A1 was arrested and remanded to judicial custody on 24.03.2026 for the alleged offences punishable under Section 103(1) of BNS, 2023 and later, altered to Sections 103(1) and 49 of BNS, 2023, in Crime No.51 of 2026 on the file of the respondent-police.

3. The case of the prosecution is that owing to a dispute regarding the sharing of water from the well, A3 to A5, at the instigation of the petitioner/A1, attacked the victim with a knife. As a result, the victim sustained grievous injuries and subsequently, succumbed to the same. Based on the said occurrence, the present complaint was lodged and the aforesaid case has been registered.

4. Mr.M.P.Saravanan, learned counsel for the petitioner, submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that at the time of occurrence, the petitioner/A1 was not present and he was in prison in respect of Crime No.45 of 2026 registered for the offence under Sections 296(b), 118(1) and 109 of BNS. He further submits that there is no other case, except Crime No.45 of 2026, against the petitioner and the petitioner is in judicial custody from 24.03.2026. He further submits that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Therefore, he prays to grant bail to the petitioner.

5. Per contra, Mr.L.Baskaran, learned Government Advocate (Criminal Side) appearing for the respondent-police submits that totally there are five accused in this case and the petitioner has been arrayed as A1. Due to dispute with regard to sharing of water in the well, A3 to A5, on the instigation of the petitioner, attacked the victim by using knife and caused death. He further submits that there is one previous case pending against the petitioner. Therefore, he opposes the grant of bail and accordingly, he prays to dismiss the petition.

6. Heard on both sides. This Court has perused all the materials available on record.

7. The petitioner was arrested on 24.03.2026. The petitioner has permanent residence and deep roots in the society. Therefore, there is less possibility of absconding. Considering the same and taking note of the facts and cumulative circumstances of the case, the offence alleged against the petitioner and the period of incarceration undergone by the petitioner, this Court is of the view that further custody of the petitioner is not necessary in this case. Hence, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

(i) The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum of Rs.25,000/-

(Rupees Twenty Five Thousand Only) to the satisfaction of the Judicial Magistrate No.I, Hosur.

(ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Judicial Magistrate shall obtain a copy of any one of their identity proofs to ensure their identity. (iii) The petitioner shall stay at Erode and report before the learned Judicial Magistrate No.I, Erode, daily twice at 10.30 a.m., and 5.30 p.m., until further orders.

(iv) The petitioner shall furnish his residential address and mobile numbers to the learned Judicial Magistrate No.I, Hosur. (v) The petitioner shall attend in accordance with the conditions of the bond to be executed under Chapter XXXV of BNS, 2023. (vi) The petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (vii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(viii) The petitioner shall also not directly or indirectly, cause any threat to the de facto complainant, victims, and witnesses.

(ix) The petitioner shall not enter into the de facto complainant's house or his work place.

(x) The petitioner shall not try to contact the de facto complainant, victims, and witnesses either directly or through any electronic mode. (xi) On breach of any of the aforementioned conditions, the Judicial Magistrate No.I, Hosur or Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by them as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.

20-05-2026 VKR Note:

1. Registry is directed to forthwith upload this order on the Official Website of this Court.

2. All concerned to act on this order being uploaded on Official Website of this Court without insisting on certified hard copies. To be noted, this order, when uploaded on the official website of this Court, will be watermarked and will also have a QR code.

R.SAKTHIVEL, J.

VKR To 1.The Judicial Magistrate No.I, Hosur.

2.The Judicial Magistrate No.I, Erode.

3.The Superintendent of Prison, Central Prison, Salem.

4.The Inspector of Police Bagalur Police Station, Krishnagiri District.

5.The Public Prosecutor, High Court of Madras. Order made in 20-05-2026