- 1 - HC-KAR NC: 2025:KHC:18902 CRL.P No. 7086 of 2025 C/W CRL.P No. 7087 of 2025 CRL.P No. 7098 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7086 OF 2025 C/W CRIMINAL PETITION NO. 7087 OF 2025, 7098 OF 2025 IN CRL.P No. 7086/2025: BETWEEN: 1. SACHIT SARAN S/O VISHAL SARAN AGED ABOUT 34 YEARS R/AT NO.405 & 406, SITE NO.01 1NT CROSS ROAD, CPR LAYOUT HARLUR ROAD, BENGALURU - 560 102. 2. SMRUTI RAJN PATRA S/O SANTOSH KUMAR PATRA AGED ABOUT 29 YEARS R/AT FLAT NO.1211, 12TH FLOOR SUNCITY GLORIA, BLOCK-2 WING-C, DODDAKANNELL SARJAPUR ROAD, BENGALURU - 560 035. 3. RAHUL GANDHI S/O SARWAN KUMAR GANDHI AGED ABOUT 37 YEARS R/AT NO.405 AND 406 SITE NO.01, 1ST CROSS ROAD CPR LAYOUT, HARLUR ROAD BENGALURU - 560 102. 4. LIPIKA CHAWLA D/O ASHOK CHAWLA AGED ABOUT 37 YEARS R/AT APARTMENT NO.5803 WING-58, 4TH FLOOR, SOBHA DREAM ACRES, PANATHUR BENGALURU - 560 103. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18902 CRL.P No. 7086 of 2025 C/W CRL.P No. 7087 of 2025 CRL.P No. 7098 of 2025 5. MAHESH S/O PUTTASWAMY AGED ABOUT 35 YEARS R/AT NO.72, BALIGHATTA ANCHE, MELUKOTE HOBLI TALEKERE, MANDYA - 571 431. …PETITIONERS (BY SRI VIKRAM CHAUDARY, SR. COUNSEL FOR SRI BHARATH KUMAR V, ADV.) AND: STATE OF KARNATAKA THROUGH INSPECTOR OF POLICE CCB P.S, REP BY THE SPP HIGH COURT OF KARNATAKA BENGALURU - 01. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP FOR R-1; SRI SIDHARTH B MUCHANDI, ADV.) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER HEREIN ON ANTICIPATORY BAIL DIRECTING THE RESPONDENT CCB POLICE STATION, TO RELEASE THE PETITIONER FORTH WITH ON BAIL IN THE EVENT OFHIS ARREST IN CONNECTION WITH THE CRIMINAL CASE REGISTERED AS PER CRIME NO.26/2025 OF CCB P.S., PENDING ON THE FILE OF THE HONBLE I ACJM, BENGALURU FOR THE ALLEGED OFFENCE P/US/ 316(2),316(4),318(4),61 R/W SEC.3(5) OF BNS 2023. IN CRL.P NO. 7087/2025: BETWEEN: HARSH SAHAY S/O H.N. SAHAY AGED ABOUT 37 YEARS R/AT FLAT NO.5011, 1ST FLOOR SOBHA DHALIA, GREEN GLAN LAYOUT, BELLANDUR BENGALURU - 560 103. ...PETITIONER - 3 - HC-KAR NC: 2025:KHC:18902 CRL.P No. 7086 of 2025 C/W CRL.P No. 7087 of 2025 CRL.P No. 7098 of 2025 (BY SRI VIKRAM CHAUDARY, SR. COUNSEL FOR SRI BHARATH KUMAR V, ADV.) AND: STATE OF KARNATAKA THROUGH INSPECTOR OF POLICE CCB P.S, REP. BY THE SPP HIGH COURT OF KARNATAKA BENGALURU - 01. ...RESPONDENT (BY SRI SIDDARTH B MUCHANDI, ADV., SMT. WAHEEDA M.M, HCGP FOR R-1) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.2 HEREIN ON ANTICIPATORY BAIL, DIRECTING RESPONDENT CCB POLICE STATION, TO RELEASE THE PETITIONER FORTHWITH ON BAIL IN THE EVENT OF HIS ARREST IN CONNECTION WITH THE CRIMINAL CASE REGISTERED AS PER CRIME NO.26/2025 OF CCB P.S PENDING ON THE FILE OF THE HONBLE I ACJM, BENGALURU FOR THE ALLEGED OFFENCES P/U/S 316(2), 316(4), 318(4), 61 R/W SECTION 3(5) OF BNS 2023. IN CRL.P NO. 7098/2025: BETWEEN: NIHAR RANJAN PATRA S/O SANTHOSH KUMAR PATRA AGED ABOUT 32 YEARS R/AT NO. 26, K. NO.285/30/31/26 CHANNAKESHAVA NAGAR 1ST CROSS, 6 ARKERE VILLAGE BENGALURU -560 076. ...PETITIONER (BY SRI VIKRAM CHAUDARY, SRO. COUNSEL FOR SRI BHARATH KUMAR V, ADV.) AND: STATE OF KARNATAKA THROUGH INSPECTOR OF POLICE CCB P.S, REP. BY THE SPP - 4 - HC-KAR NC: 2025:KHC:18902 CRL.P No. 7086 of 2025 C/W CRL.P No. 7087 of 2025 CRL.P No. 7098 of 2025 HIGH COURT OF KARNATAKA BENGALURU - 01. ...RESPONDENT (BY SMT. WAHEEDA M.M, HCGP FOR R-1; SRI SIDDARTH B MUCHANDI, ADV.) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER HEREIN ON ANTICIPATORY BAIL, DIRECTING RESPONDENT CCB POLICE STATION, TO RELEASE THE PETITIONER FORTHWITH ON BAIL IN THE EVENT OF HIS ARREST IN CONNECTION WITH THE CRIMINAL CASE REGISTERED AS PER CRIME NO.26/2025 OF CCB P.S PENDING ON THE FILE OF HONBLE I ACJM BENGALURU FOR THE ALLEGED OFFENCES P/U/S 316(2), 316(4), 318(4), 61 R/W SECTION 3(5) OF BNS, 2023. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. These three petitions are filed under Section 482 of BNSS, 2023, by accused Nos.2 to 6 and 8 and another apprehending arrest in Crime No.26/2025 registered by CCB Bengaluru City Police, Bengaluru City, for the offences punishable under Sections 316(2), 316(4), 318(4), 61 read with Section 3(5) of BNS, 2023. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.26/2025 was registered by CCB Bengaluru City Police, Bengaluru City, for the aforesaid offences - 5 - HC-KAR NC: 2025:KHC:18902 CRL.P No. 7086 of 2025 C/W CRL.P No. 7087 of 2025 CRL.P No. 7098 of 2025 against one Rakesh Shankar and others based on the first information dated 10.04.2025 received from John Thaliath, who is the authorized representative of a Company known as Zetwerk Manufacturing Business Pvt. Ltd., Bellanduru, Bengaluru. 4. Accused Nos.3 to 6 and 8 had filed Crl.Misc.No.3217/2025 before the jurisdictional Sessions Court seeking anticipatory bail and the same was dismissed on 02.05.2025. Therefore, they are before this Court in Crl.P.No.7086/2025. Accused No.2 had filed Crl.Misc.No.3216/2025 before the jurisdictional Sessions Court which was rejected on 02.05.2025 and therefore, they are before this Court in Crl.P.No.7087/2025. Petitioner in Crl.P.No.7098/2025 had filed Crl.Misc.No.3229/2025 before the jurisdictional Sessions Court under Section 482 of BNSS, 2023, which was rejected on 02.05.2025, therefore, he is before this Court. 5. Learned Senior counsel for the petitioners in Crl.P.No.7086/2025 submits that petitioners herein are all working in the Company known as 'Zetwerk Manufacturing - 6 - HC-KAR NC: 2025:KHC:18902 CRL.P No. 7086 of 2025 C/W CRL.P No. 7087 of 2025 CRL.P No. 7098 of 2025 Business Pvt. Ltd.' and allegations in the first information now submitted by the representative of the Company is that the accused named in the first information have entered into a criminal conspiracy and by committing criminal breach of trust, they have cheated the Company and thereby the Company has suffered loss. He submits that for extraneous reasons, a false complaint has been made against the petitioners and omnibus allegations are made against all the accused persons. Petitioners had appeared before the Investigation Officer immediately after registration of FIR and had co-operated with police for the purpose of investigation. Thereafter since there was an apprehension of arrest, they had filed necessary application seeking anticipatory bail which was rejected. He submits that accused No.7 was subsequently, arrested and enlarged on bail and therefore, the apprehension expressed by the petitioners cannot be said to be without any basis. They are ready and willing to cooperate with the police for the purpose of investigation. Accordingly, he prays to allow the petition. 6. Learned counsel for the petitioners in Crl.P.No.7087/2025 and Crl.P.No.7098/2025 have also made similar submissions - 7 - HC-KAR NC: 2025:KHC:18902 CRL.P No. 7086 of 2025 C/W CRL.P No. 7087 of 2025 CRL.P No. 7098 of 2025 and have undertaken to cooperate with the police for the purpose of investigation. 7. Per contra, learned HCGP for respondent - State and learned counsel for the defacto complainant have opposed the petitions. They submit that some of the accused had appeared before the Investigation Officer on 11.04.2025. Thereafter, they have absconded and they have not been cooperating for the purpose of investigation. They submit that huge amount has been misappropriated in the present case which runs to crores of rupees and the accused persons have multiple bank accounts in various banks including bank accounts in foreign countries and therefore, their custodial interrogation is necessary. They, accordingly, pray to dismiss the petitions. 8. From the averments found in the first information dated 02.04.2025 which has resulted in registering FIR in the present case, it appears that accused persons are part of Strategic Sourcing Team of the complainant Company and allegation against the accused persons appears to be that they had entered into a conspiracy and in furtherance of such conspiracy, they had raised fraudulent invoices for higher - 8 - HC-KAR NC: 2025:KHC:18902 CRL.P No. 7086 of 2025 C/W CRL.P No. 7087 of 2025 CRL.P No. 7098 of 2025 amount of bills against the actual amount and have gained monetarily. It is also alleged that accused persons have accepted bribes from the suppliers of the Company and have compromised with the integrity of the procurement process and have caused financial loss to the complainant Company. It is further alleged that customers of the Company have informed the Company that accused persons solicited cash payments and all the accused persons have swindled crores of rupees belonging to the Company and have made unlawful gain which they have parked in various bank accounts including in the bank accounts maintained abroad. It appears that the typed complaint dated 02.04.2025 was submitted before the police on the very same day, but FIR in the present case was registered subsequently on 10.04.2025. Immediately after the FIR was registered in the present case, accused Nos.2 to 6 had appeared before the Investigation Officer on 11.04.2025 and on the said day, the mobile phones belonging to the said accused persons were surrendered which was subjected to panchanama. The bank accounts of the accused have been already freezed. From the aforesaid, it is apparent that accused - 9 - HC-KAR NC: 2025:KHC:18902 CRL.P No. 7086 of 2025 C/W CRL.P No. 7087 of 2025 CRL.P No. 7098 of 2025 Nos.2 to 6 had initially cooperated with the police for the purpose of investigation. 9. In the case of Siddharam Satlingappa Mhetre vs. State of Maharashtra and Others - (2011) 1 SCC 694, the Hon'ble Supreme Court has held that if it is found that accused persons have cooperated with the police for the purpose of investigation, in normal circumstances, their prayer for grant of anticipatory bail needs to be entertained. 10. Accused persons who had appeared before the Investigation Officer on 11.04.2025 apprehended arrest and therefore, they had approached the jurisdictional Sessions Court seeking anticipatory bail. The said apprehension expressed by them cannot be brushed aside lightly for the reason that accused No.7 was arrested by the police subsequently and remanded to judicial custody. The material on record would go to show that accused No.7 was arrested and subsequently granted regular bail by the jurisdictional Court of Magistrate by order dated 20.05.2025. Learned HCGP, on instructions, has submitted that except the mobile phone of accused No.7, nothing has been recovered from him during the - 10 - HC-KAR NC: 2025:KHC:18902 CRL.P No. 7086 of 2025 C/W CRL.P No. 7087 of 2025 CRL.P No. 7098 of 2025 course of his interrogation in the present case. Undisputedly, petitioners do not have any criminal antecedents and they are qualified persons working in the Company. The overall reading of the first information gives an impression that the management of the company has a grievance against the accused employees also on the disciplinary side having regard to their past conduct. Accused Nos.2 to 6 and 8 are working in the Company as General Manager, Manager, Lead Executive and Senior Executive. Petitioner in Crl.P.No.7098/2025 is the brother of accused No.4 in the present case. The alleged offences in the present case are all triable by the Court of Magistrate and the maximum punishment for the alleged offences is imprisonment for a period of seven years. From a reading of the first information, it appears that no specific allegations about the role played by each of the accused is mentioned in the first information and all the allegations appear to be omnibus in nature. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail needs to be answered affirmatively reserving liberty to the Investigation Officer to seek custody of the petitioners for the purpose of interrogation by filing necessary - 11 - HC-KAR NC: 2025:KHC:18902 CRL.P No. 7086 of 2025 C/W CRL.P No. 7087 of 2025 CRL.P No. 7098 of 2025 application before the Trial Court, in the event it is necessary. Accordingly, the following order:- 11. The petitions are allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.26/2025 registered by CCB Bengaluru City Police, Bengaluru City, for the offences punishable under Sections 316(2), 316(4), 318(4), 61 read with Section 3(5) of BNS, 2023, subject to the following conditions: 1. The Petitioners shall appear before the Investigating Officer between 10.00 a.m. and 11.00 a.m. on 11.06.2025, and on the said date, the Investigation Officer is at liberty to take them into custody, if necessary, for the purpose of interrogation. However, it is made clear that after interrogation, Investigation Officer shall release the petitioners on the same day on or before 06.00 p.m. subject to each of the petitioners 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. - 12 - HC-KAR NC: 2025:KHC:18902 CRL.P No. 7086 of 2025 C/W CRL.P No. 7087 of 2025 CRL.P No. 7098 of 2025 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioners shall not tamper with the prosecution witness and they shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN