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2025 DAILYLAW 26571 (KAR)

MR RAKESH R SHANKAR v. THE STATE OF KARNATAKA

CRL.P/7007/2025 · 2025-06-12

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:20243 CRL.P No. 7007 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7007 OF 2025 BETWEEN: MR RAKESH R SHANKAR S/O S. RAVISHANKAR AGED ABOUT 40 YEARS, R/A 264/8, 100 FEET ROAD, ANBU COLONY, ANNA NAGAR, CHENNAI, TAMIL NADU - 600040 …PETITIONER (BY SRI. DHANUSH M., ADVOCATE) AND: THE STATE OF KARNATAKA CENTRAL CRIME BRANCH, ECONOMIC OFFENCES WING, BENGALURU CITY, NEAR BMTC BUS DEPOT, SHANTINAGARA, BENGALURU-560027, REP. BY SPP, HIGH COURT BUILDING BENGALURU - 560001. …RESPONDENT (BY SMT. WAHEEDA M.M., HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER AND DIRECT THE RESPONDENT POLICE-CENTRAL CRIME BRANCH, BENGALURU - TO ENLARGE THE PETITIONER ON BAIL, IN THE EVENT OF HIS ARREST IN CRIME NO.26/2025 FOR THE O/P/U/S 316(2), 316(4), 318(4), 61 R/W 3 (5) OF THE BNS 2025 PENDING ON THE FILE OF THE 1ST ADDITIONAL CHIEF METROPOLITAN MAGISTRATE BENGALURU AND ETC. Digitally signed by KAVYA G Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20243 CRL.P No. 7007 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Crime No.26/2025 registered by CCB Bengaluru City Police, Bengaluru for offences punishable under Sections 316(2), 316(4), 318(4), 61 read with Section 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023 is before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.26/2025 is registered by the CCB Bengaluru City Police, Bengaluru for the aforesaid offence against the petitioner and others based on the first information on 10.04.2025 received from Mr. John Thaliath, who is the authorized representative of the company known as Zetwerk Manufacturing Businesses Private Limited. Apprehending arrest in the case, the petitioner had filed Crl.Misc.No.3364/2025 - 3 - HC-KAR NC: 2025:KHC:20243 CRL.P No. 7007 of 2025 before the Court of LVI Additional City Civil and Sessions Judge, Bengaluru (CCH-57), which was rejected on 02.05.2025. Therefore, he is before this Court. 5. Learned counsel for the petitioner submits that much prior to the FIR being registered, the petitioner had already resigned from the company, which has now filed a complaint against him. However, the company had not settled the monitory benefits of the petitioner and on the other hand filed a criminal case against him and others. This Court, in Crl.P.No.7086/2025 and connected matters has granted anticipatory bail to accused Nos.2 to 6 and 8 as against whom similar allegations are found in the FIR. The petitioner has no other criminal antecedents. Accordingly, he prays to allow the petition. 6. Per contra, the learned HCGP who has opposed the petition, however does not dispute the submissions made by the learned counsel for the petitioner. - 4 - HC-KAR NC: 2025:KHC:20243 CRL.P No. 7007 of 2025 7. Perusal of the material produced before this Court would go to show that the petitioner had resigned to the post which he held in the company Zetwork Manufacturing Business Private Limited, Bellandur and the company had issued a communication on 28.03.2025 confirming his resignation and it is stated in the communication that his last working date would be 31.03.2025. In the said letter it is also mentioned that petitioner's full and final settlement would be processed within 45 days from his last working day. Subsequently, the Company has approached the police on 10.04.2025 and FIR was registered against the petitioner and other employees of the company for the aforesaid offences. Accused Nos.2 to 6 and 8 as against whom almost similar allegations are found in FIR have been granted anticipatory bail by this Court by a reasoned order passed in Crl.P.No.7086/2025 and connected matters on 04.06.2025. The petitioner has no other criminal antecedents. He has undertaken to co-operate with the police for the purpose of investigation of the case. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively reserving liberty to the Investigation Officer to - 5 - HC-KAR NC: 2025:KHC:20243 CRL.P No. 7007 of 2025 take the petitioner into custody for purpose of interrogation by filing necessary application before the Trial Court, in the event it is absolutely necessary. Accordingly, the following order:- 8. The Criminal Petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.26/2025 registered by CCB Bengaluru City Police, Bengaluru City, for the offences punishable under Section 316(2), 316(4), 318(4), 61 read with Section 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, subject to the following conditions: (i) The petitioner shall appear before the Investigating Officer between 10.00 a.m., and 11.00 a.m., on 20.06.2025, and on the said date, the Investigation Officer is at liberty to take him into custody, if necessary, for the purpose of interrogation. However, it is made clear that after interrogation, Investigation Officer shall release the petitioner on the same day on or before 6.00 p.m., subject to the petitioner executing a personal bond for a sum of Rs.2,00,000/- with two sureties for the likesum to the satisfaction of the Investigating Officer. - 6 - HC-KAR NC: 2025:KHC:20243 CRL.P No. 7007 of 2025 (ii) Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. (iii) Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. (iv) The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KG List No.: 2 Sl No.: 3