- 1 - HC-KAR CNR: KAHC010447682026 NC: 2026:KHC:42657 CRL.P No. 9680 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9680 OF 2026 BETWEEN: PRASIDH SHETTY AGED ABOUT 30 YEARS S/O PRABHAKAR SHETTY RESIDING AT NO.6/1, SRI RAMANA 8TH A MAIN ROAD, RMV EXTENSION SADASHIVANAGAR, BANGALORE - 560 094. …PETITIONER (BY SRI BIPIN HEGDE, ADV.) AND: DIRECTORATE OF ENFORCEMENT DEPUTY DIRECTOR, BENGALURU ZONAL OFFICE OFFICER SITUATED AT HMT MACHINE TOOLS COMPOUND BANGALORE COMPLEX, JALAHALLI BENGALURU - 560 013 REP. BY ASG, HIGH COURT BUILDING BENGALURU. …RESPONDENT (BY MS. ANUPARNA BOLDOLOI, ADV.) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST BY THE RESPONDENT IN VIEW OF THE SUMMONS ISSUED TO HIM IN THE CASE REGISTERED BY THE RESPONDENT ENFORCEMENT DIRECTORATE IN ECIR/BGZO/01/2021 PENDING ON THE FILE OF PRINCIPAL CITY AND SESSIONS JUDGE FOR PMLA CASES (CCH-1). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010447682026 NC: 2026:KHC:42657 CRL.P No. 9680 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.3 is before this Court in this petition filed under Section 482 of BNSS, 2023 seeking anticipatory bail in ECIR/BGZO/01/2021 pending on the file of Principal City Civil & Sessions Judge, Bengaluru registered for the offence punishable under Section 3 of Prevention of Money Laundering Act, 2002 (for short PMLA Act' ). 2. Heard the learned counsel for the parties. 3. Respondent has registered ECIR/BGZO/01/2021 dated 05.01.2021 on the allegation that proceedings in Crime No.153 of 2020 registered for offences punishable under Sections 379, 465, 468, 471, 419, 420 & 384, 34 & 120B of IPC, Section 66(D), 66(C) of Information Technology Act, 2000 and in Crime No.91 of 2020 registered for the offence punishable under the provisions of NDPS Act have been laundered by the accused and in the said case, the petitioner is arraigned as accused no.3. Apprehending arrest in the said - 3 - HC-KAR CNR: KAHC010447682026 NC: 2026:KHC:42657 CRL.P No. 9680 of 2026 case, he had filed Crl.Misc.No.5037 of 2026 before the Court of Special Judge, which was rejected on 25.06.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that, in Crime No.153 of 2020 the petitioner has been enlarged on bail and his discharge application filed before the Trial Court is pending consideration. Further proceedings in Crime No.91 of 2020 has been stayed by this Court in W.P.No.9415 of 2025. The present case is registered in the year 2021 and now the investigation is completed and complaint has been filed. Petitioner's name is not found in the complaint. Since liberty is reserved to investigate further, petitioner is apprehending arrest. He submits that, the petitioner had appeared before the respondent - authorities on 08.02.2021, 11.02.2021. 07.11.2023 and 17.10.2023 pursuant to the summons issued to him. Subsequently, some of the accused were arrested in the month of May 2026 prior to filing of the charge sheet. Therefore, the petitioner apprehended arrest. He submits that, arrested accused have been now granted bail. Petitioner is - 4 - HC-KAR CNR: KAHC010447682026 NC: 2026:KHC:42657 CRL.P No. 9680 of 2026 ready and willing to cooperate for the purpose of investigation. Accordingly, he prays to allow the petition. 5. Per contra, learned counsel for the respondent who has filed objections and opposed the bail application submits that, petitioner has received the proceeds of crime and sufficient material is collected against him during the course of investigation. She submits that, it is under these circumstances liberty is reserved for further investigation, though complaint is filed as against some of the accused persons named in the complaint. She submits that, the rigour under Section 45 of the PMLA Act would be applicable even to application filed under Section 482 of BNSS, 2023 seeking anticipatory bail and in support of her arguments, she has placed reliance on the judgment of the Hon'ble Supreme Court in the case of DIRECTORATE Of ENFORCEMENT V. M GOPAL REDDY & ANR - 2022 SCC ONLINE SC, 1862. 6. Material on record would go to show that, the present case has been registered in the year 2021 and on multiple dates, the petitioner had appeared before the - 5 - HC-KAR CNR: KAHC010447682026 NC: 2026:KHC:42657 CRL.P No. 9680 of 2026 investigation officer pursuant to summons received by him. Predicate offences in the present case are in Crime No.153 of 2020 and Crime No.91 of 2020. It is not in dispute that, in Crime No.153 of 2020 the petitioner has been granted regular bail, investigation of the case is completed in the said case and charge sheet is filed. The application filed by the petitioner seeking his discharge is still pending consideration before the Trial Court in the said case. In the case registered for predicate offence in Crime No.91 of 2020 further proceedings has been stayed by this Court in W.P.No.9415 of 2025 on 03.04.2025 and said stay is still in operaton. 7. The material on record would go to show that, prior to registering present case in the year 2021 another ECIR case was registered against the petitioner and others in the year 2020 and in the said case, the petitioner who was arrested has been granted regular bail, after complaint was filed. Learned counsel for the petitioner during the course of arguments has produced a copy of complaint filed in the present case by the respondent as against some of the accused persons who are - 6 - HC-KAR CNR: KAHC010447682026 NC: 2026:KHC:42657 CRL.P No. 9680 of 2026 arrested in the present case. It is not in dispute that, in the said complaint, petitioner is not arraigned as an accused. 8. A perusal of the complaint averments would go to show that, some of the accused persons during the course of their voluntary statement recorded under Section 50 of the PMLA Act, when they were in custody, have stated that certain amount was transferred to the account of the petitioner from the proceeds of the crime. Except one document which shows that petitioner had received a sum of ₹7,50,000/- in his account from accused no.2 - Robin Khandelwal, there is no other matieral to show that the petitioner has received any proceeds of crime. The petitioner during the course of his interrogation when he had earlier appeared before the investigation officers, has produced material explaining the receipt of the aforesaid amount and according to the petitioner, accused no.2 - Robin Khandelwal had earlier borrowed money from him and the same was repaid. Submission made by learned counsel for the petitioner that necessary documents in this regard were produced by him before the Investigation - 7 - HC-KAR CNR: KAHC010447682026 NC: 2026:KHC:42657 CRL.P No. 9680 of 2026 Officer is not seriously disputed by learned counsel for the respondent. 9. There is no doubt that the twin conditions of Section 45 of the PML Act would not only be applicable to regular bail applications but the same would also be applicable while considering an anticipatory bail application of the accused in PMLA case. The very fact that petitioner has not been arraigned as an accused in the complaint which is now filed as against some of the accused after completing investigation would go to show that during the course of investigation, the Investigation officer has failed to collect sufficient material insofar as the petitioner is concerned. Therefore, at this stage there is no reason to belief for this Court that he is guilty of alleged offence. The petitioner is not involved in any other case after the year 2020. The petitioner who had earlier appeared before the investigation officer pursuant to the summons issued against him has undertaken to cooperate for the purpose of further investigation. - 8 - HC-KAR CNR: KAHC010447682026 NC: 2026:KHC:42657 CRL.P No. 9680 of 2026 10. The Hon'ble Supreme Court in the case of SIDDHARAM SATLINGAPPA MHETRE V. STATE OF MAHARASHTRA AND OTHERS - (2011) 1 SCC 694 in paragraph no.89 has observed as follows: "89. It is imperative for the courts to carefully and with meticulous precision evaluate the facts of the case. The discretion must be exercised on the basis of the available material and the facts of the particular case. In cases where the court is of the considered view that the accused has joined investigation and he is fully cooperating with the investigating agency and is not likely to abscond, in that event, custodial interrogation should be avoided". 11. Therefore, in view of the aforesaid analysis of the matter and also considering the fact that petitioner had appeared before the investigating officer on 08.02.2021, 11.02.2021, 17.10.2023 & 07.11.2023 and cooperated for the purpose of investigation, I am of the opinion that, if the petitioner’s prayer for grant of anticipatory bail is allowed, subject to the appropriate conditions, the same would serve the ends of justice. Accordingly, the following: - 9 - HC-KAR CNR: KAHC010447682026 NC: 2026:KHC:42657 CRL.P No. 9680 of 2026 ORDER (i) The Criminal Petition is allowed. (ii) 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 ECIR/BGZO/01/2021 pending on the file of Principal City Civil & Sessions Judge, Bengaluru for the offence punishable under Section 3 of Prevention of Money Laundering Act, 2002, subject to the following conditions: 1. The petitioner shall appear before the Investigating Officer on 17.08.2026 at 10.00 a.m. and on the said day, the investigation officer is at liberty to take the petitioner into custody for the purpose of interrogation. However, it is made clear that, on or before 6.00 p.m, on the same day, the investigation officer shall release the petitioner, subject to he executing a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the investigating officer. 2. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. - 10 - HC-KAR CNR: KAHC010447682026 NC: 2026:KHC:42657 CRL.P No. 9680 of 2026 3. The petitioner shall not tamper with the prosecution witness and he shall co-operate with the respondent for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. 5. The petitioner shall surrender his passport to the Investigation Officer, which shall be subject to further orders from the concerned Court. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 55