- 1 - HC-KAR NC: 2025:KHC:26615 CRL.P No. 7678 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7678 OF 2025 BETWEEN: SRI. V.R. RAJESH S/O V. RAMAMURTHY. AGED ABOUT 51 YEARS, PROPRIETOR OF M/S DHARANI ENTERPRISES, AND M/S LAKSHMI RICE CORNER, NO.397, 7TH MAIN, BEML LAYOUT, 3RD STAGE, RAJARAJESHWARI NAGAR, BENGALURU - 560 098. …PETITIONER (BY SRI. GANESHA K, ADVOCATE) AND: DIRECTORATE OF ENFORCEMENT REPRESENTED BY ITS ASSISTANT DIRECTOR, GOVERNMENT OF INDIA, BENGALURU ZONAL OFFICE, 3RD FLOOR, 'B' BLOCK, BMTC, SHANTINAGAR, TTMC, K.H ROAD, BENGALURU- 560 027. …RESPONDENT (BY SRI. UNNI KRISHNAN M, ADVOCATE) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26615 CRL.P No. 7678 of 2025 SPL.C.NO.780/2022 REGISTERED BY DIRECTORATE OF ENFORCEMENT, THE RESPONDENT HEREIN FOR THE OFFENCES P/U/S 3, 4 OF PREVENTION OF MONEY LAUNDERING ACT, 2002 PENDING BEFORE THE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE FOR THE PREVENTION OF MONEY LAUNDERING ACT, 2002 (CCH-1). 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.19, in Sp.C.C.No.780/2022 pending before the court of Prl. City Civil and Sessions Judge at Bengaluru arising out of ECIR/BGZO/09/2020 registered by the respondent for the offences punishable under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002 ('PML Act' for short), is before this court in the successive bail application filed under Section 483 of BNSS, 2023 is seeking regular bail. 2. Heard the learned counsel for the parties. - 3 - HC-KAR NC: 2025:KHC:26615 CRL.P No. 7678 of 2025 3. Learned counsel for the petitioner submits that the petitioner was arrested and remanded to judicial custody in the present case on 21.02.2023. The maximum punishment for the alleged offence is imprisonment for a period of seven years. The petitioner is in custody in the present case for a period of more than two years four months. Therefore he has already undergone detention for the period extending to one third of the maximum sentence that would be imposed on the petitioner. Under the circumstance, in view of the first proviso to Section 479 of BNSS, 2023, the petitioner is entitled to be released on bail. 4. Per Contra, learned counsel for the respondent, who has filed the statement of objections has opposed the petition. He submits that the petitioner is facing trial in more than one case and therefore in view of the sub- section (2) of Section 479 of BNSS, 2023, the first proviso to Section 479(1) of BNSS, 2023, cannot be made applicable to the petitioner. - 4 - HC-KAR NC: 2025:KHC:26615 CRL.P No. 7678 of 2025 5. Section 479 of BNSS, 2023 reads as follows: "Section 479 - Maximum period for which undertrial prisoner can be detained. (1)Where a person has, during the period of investigation, inquiry or trial under this Sanhita of an offence under any law (not being an offence for which the punishment of death or life imprisonment has been specified as one of the punishments under that law) undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the Court on bail: Provided that where such person is a first-time offender (who has never been convicted of any offence in the past) he shall be released on bond by the Court, if he has undergone detention for the period extending up to one- third of the maximum period of imprisonment specified for such offence under that law: Provided further that the Court may, after hearing the Public Prosecutor and for reasons to be recorded by it in writing, order the continued detention of such person for a period longer than one-half of the said period or release him on bail bond instead of his bond: Provided also that no such person shall in any case be detained during the period of investigation, inquiry or trial - 5 - HC-KAR NC: 2025:KHC:26615 CRL.P No. 7678 of 2025 for more than the maximum period of imprisonment provided for the said offence under that law. Explanation.-In computing the period of detention under this section for granting bail, the period of detention passed due to delay in proceeding caused by the accused shall be excluded.(2)Notwithstanding anything in sub- section (1), and subject to the third proviso thereof, where an investigation, inquiry or trial in more than one offence or in multiple cases are pending against a person, he shall not be released on bail by the Court.(3)The Superintendent of jail, where the accused person is detained, on completion of one-half or one-third of the period mentioned in sub-section (1), as the case may be, shall forthwith make an application in writing to the Court to proceed under sub-section (1) for the release of such person on bail." 6. The Hon'ble Supreme Court in reference to 'Inhuman Conduct in 1382 Prisons' by order dated 23.08.2024, has observed that provisions of Section 479 of BNSS, 2023 shall apply to all the under-trials in pending cases irrespective of whether case was registered against them before 01.07.2024, i.e., the date on which BNSS, 2023 came into effect. In the said case, the Hon'ble Supreme Court has directed the Superintendent of Jails - 6 - HC-KAR NC: 2025:KHC:26615 CRL.P No. 7678 of 2025 across the country that wherever accused are detained as under-trials, necessary applications as provided under Section 479(3) of the BNSS, 2023, is required to be submitted before the Jurisdictional Court. 7. Learned Counsel for the respondent who has filed statement of objections has submitted that in view of sub- section (2) of Section 479 of BNSS, 2023, since the petitioner is involved in more than one criminal case, he is not entitled for the benefit of first proviso to sub-section (1) of Section 479 of BNSS, 2023. 8. In sub-section (2) of Section 479 of BNSS, 2023, reference is made to sub-section (1), and to the second proviso to sub-section (1) of Section 479 of BNSS, 2023, which provides for enlarging the accused on bail in the event he has undergone detention for a period extending to one-half of the maximum period of imprisonment specified for the alleged offence. - 7 - HC-KAR NC: 2025:KHC:26615 CRL.P No. 7678 of 2025 9. Sub-section (1) of Section 479 of BNSS, 2023, is parimateria to Section 436A of Cr.P.C., but the first proviso to Section 479(1) is newly introduced which provides for releasing the accused on bond by the court if such person is a first time offender (who has never been convicted of any offence in the past) and he has undergone detention for a period extending to one-third of the maximum period of imprisonment specified for such offence under that law. 10. The maximum punishment for the alleged offences in the present case is imprisonment for a period of seven years. In the case on hand, undisputedly petitioner has undergone more than one-third of the maximum period of sentence that may be imposed on him. In the case registered for predicate offences petitioner is said to have been enlarged on bail. 11. In similar circumstances, the Hon'ble Supreme Court in the case of BADSHAH MAJID MALIK VS - 8 - HC-KAR NC: 2025:KHC:26615 CRL.P No. 7678 of 2025 DIRECTORATE OF ENFORCEMENT - SLP (CRL) No.10846/2024 disposed of on 18.10.2024, wherein the accused who was facing prosecution for the offence punishable under the PML Act, had undergone more than one-third of the maximum period of imprisonment specified for the said offence, has directed the accused to be enlarged on bail. Under the circumstances, I am of the opinion that petitioner's prayer for grant of regular bail requires to be answered affirmatively. Accordingly, the following order: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.C.No.780/2022 registered by Directorate of Enforcement for the offences punishable under Sections 3 & 4 of Prevention of Money Laundering Act, 2002, pending before the Principal City Civil and Sessions Judge and Special Judge, Bengaluru, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two - 9 - HC-KAR NC: 2025:KHC:26615 CRL.P No. 7678 of 2025 sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE SD List No.: 1 Sl No.: 43