Gifi Gopalakrishnan vs The State Of Karnataka on 26 February, 2026

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

                           1




    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 26TH DAY OF FEBRUARY, 2026

                         BEFORE

  THE HON'BLE Mr. JUSTICE SHIVASHANKAR AMARANNAVAR

            CRIMINAL PETITION No. 1028/2026

                         C/W.

            CRIMINAL PETITION No. 955/2026

CRL. P No.1028/2026:

BETWEEN :

1. BHADRAMMA PRASANNA @
PRASANNA B
W/O PRAJU, AGED ABOUT 62 YEARS
R/A FLAT No.12, 4TH CROSS
BEHIND METRO STATION
NEW BYAPPANHALLI, INDIRANAGAR
BENGALURU - 560 038.

2. GREESHMA PRANEESH @
GREESHMA P
C/O PRANEESH K S
AGED ABOUT 39 YEARS
R/A No.8022, TOWER-8
PRESTIGE LAKE RIDGE
VEERANJANYEYA LAYOUT
SUBRAMANYAPURA
BENGALURU - 560 061.
                                       ... PETITIONERS

(BY SRI H S CHANDRAMOULI, SENIOR ADVOCATE
 A/W SRI K A CHANDRASHEKARA, ADVOCATE)
                             2




AND :

1. THE STATE OF KARNATAKA
BY THE POLICE OF
PUTTENAHALLI POLICE STATION
BENGALURU CITY - 560 078.
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BENGALURU - 560 001.
                                         ... RESPONDENT

(BY SMT. WAHEEDA M M, HCGP FOR R1
 SRI SANDESH J CHOUTA, SENIOR, ADVOCATE FOR
 A/W SRI ARUN GOVINDRAJ, ADVOCATE FOR R2)

      THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
Cr.P.C. (FILED UNDER SECTION 482 BNSS) PRAYING TO GRANT
THEM ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN
CRIME No.337/2025 OF PUTTENAHALLI POLICE STATION,
BENGALURU CITY, NOW PENDING ON THE FILE OF THE
LEARNED IV ADDL. CHIEF JUDICIAL MAGISTRATE BENGALURU
CITY FOR THE OFFENCES PUNISHABLE UNDER SECTIONS
316(4), 61(2) 49 AND 318(4) READ WITH SECTION 3(5) OF BNS
2023.

CRL. P No.955/2026:

BETWEEN :

1. GIFI GOPALAKRISHNAN
S/O GOPALAKRISHNA
AGED ABOUT 41 YEARS
R/A FLAT No.203
M SQUARE MELODY APARTMENT
HALAGEVADERAHALLI
BEHIND R R NAGAR POLICE STATION
BEML 5TH STAGE, R R NAGAR
BENGALURU - 560 098.
                             3




2. PRANEESH K S
C/O K C SREEDHARAN
AGED ABOUT 41 YEARS
R/A No.8022, TOWER 8
VEERANJANEYA LAYOUT
SUBRAMANYAPURA
BENGALURU - 560 061.

3. IYAPPAN PALANI @ P IYYAPPAN
S/O PALANI
AGED ABOUT 33 YEARS
R/AT No.1355/A, 18TH CROSS
GANESH TEMPLE BACK SIDE
D GROUP, S G KAVAL
BENGALURU - 560 091.

                                      ...PETITIONERS

(BY SRI H S CHANDRAMOULI, SENIOR ADVOCATE
 A/W SRI K A CHANDRASHEKARA, ADVOCATE)


AND :

1. THE STATE OF KARNATAKA
BY THE POLICE OF
PUTTENAHALLI POLICE STATION
BENGALURU CITY - 560 078.
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BENGALURU - 560 001.

2. SRI SIDDHARTH SOOD
DIRECTOR,
WILDCRAFT INDIA LIMITED
FATHER'S NAME NOT KNOWN
TO TE PETITIONERS
AGED ABOUT 49 YEARS
OFFICE AT:15TH CROSS
                               4




J P NAGAR 4TH PHASE
BENGALURU - 560 076.
                                       ... RESPONDENTS

(BY SMT. WAHEEDA M M, HCGP FOR R1
 SRI SANDESH J CHOUTA, SENIOR, ADVOCATE FOR
 A/W SRI ARUN GOVINDRAJ, ADVOCATE FOR R2)

      THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
Cr.P.C. (FILED UNDER SECTION 482 BNSS) PRAYING TO GRANT
THEM ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN
CRIME No.337/2025 OF PUTTENAHALLI POLICE STATION,
BENGALURU CITY, NOW PENDING ON THE FILE OF THE
LEARNED IV ADDL. CHIEF JUDICIAL MAGISTRATE BENGALURU
CITY FOR THE OFFENCES PUNISHABLE UNDER SECTIONS
316(4), 61(2) 49 AND 318(4) READ WITH SECTION 3(5) OF BNS
2023.

     THESE CRIMINAL PETITIONS HAVING BEEN HEARD AND
RESERVED FOR ORDERS ON 18.02.2026, THIS DAY,
SHIVASHANKAR     AMARANNAVAR      J, DELIVERED  THE
FOLLOWING;

CORAM:    HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR


                        CAV ORDER

     1.    Crl.P. No. 955/2026 is filed by accused Nos. 1 to

3 and Crl.P. No. 1028/2026 is filed by accused Nos. 4 and

5. Both the petitions are filed under Section 482 of BNSS

praying to grant anticipatory bail in crime No. 337/2025 of

Puttenahalli   Police   Station   registered   for   offences
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punishable under Sections 316(4), 61(2), 49, 318(4) read

with Section 3(5) of BNS.

      2.   Heard learned Senior counsel for petitioners in

both petitions and learned Senior counsel for respondent

No. 2 and learned HCGP for respondent No. 1 - State.

      3.   Learned Senior counsel for petitioners would

contend that the offence alleged has taken place in between

01.03.2020 to 26.12.2025. Accused No.1 has resigned from

his job by his e-mail dated 03.11.2025. Accused No. 1 has

not   alleged   any   such   misappropriation   and   receiving

kickback prior to he resigning from the job. There is no

resolution passed by the Company for filing complaint

against the accused persons. There is no entrustment to

attract criminal misappropriation, cheating and breach of

trust. The alleged act may, at the most, be considered as

misconduct. The Company has kept mum for five years. In

the letter of suspension of accused No. 1 dated 10.12.2025

there is no specific allegation of receiving any kickback from
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the vendors. Preliminary investigation has been conducted

behind the back of accused persons and the accused

persons are not called upon to give explanation for alleged

mis-deeds. Accused No. 1 has purchased a flat in Shobha

Clovelly Apartment and for that he has availed loan of

Rs.1,52,00,000/- from the State Bank of India. The Bank

accounts of the accused persons have been freezed. The

offence alleged is not punishable either with death or

imprisonment for life and the maximum sentence that can

be imposed is imprisonment which may extend to seven

years. Accused Nos. 6 and 7 who are vendors have been

granted   bail   by   the   Judicial   Magistrate   First   Class.

Petitioners - accused Nos. 1 to 5 are ready to cooperate

with the Investigating Officer in the investigation and abide

by any conditions to be imposed by this Court. Accused

Nos. 4 and 5 are women and they are not concerned with

the alleged act of misappropriation, receiving kickback etc.

Since accused Nos. 4 and 5 are women and as they are not
                               7




employees of the complainant - Company they are not

required for   custodial interrogation. On these grounds

learned Senior counsel has prayed to allow the petitions.

     4.    Learned HCGP for respondent No. 1 - State, per

contra, would contend that accused No. 1 was working as

head of Manufacturing and Supply Chain, accused No. 2

was working as Senior Manager - Production and accused

No. 3 was incharge of procurement of yarn, chemicals and

production operations. Accused No. 4 is the mother-in-law

of accused No. 2 and accused No. 5 is the wife of accused

No. 2. Complaint has been filed after getting preliminary

investigation report. The Company has received e-mail

dated 11.10.2025 sent by one Santosh - the vendor who

has stated the acts of accused Nos. 1 to 3 of receiving

kickback and threatening the vendors not to entrust with

the orders if they do not cooperate for giving kickback. Said

amounts have been credited to the bank accounts of

accused Nos. 4 and 5. In the bank accounts of accused Nos.
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4 and 5 huge amounts have been credited by different

vendors and that itself indicate the involvement of accused

Nos. 1 to 3 in getting back the kickback amount from the

vendors. Notice has been issued to the accused persons and

they have not appeared before the Investigating Officer for

investigation. The alleged offence is an economic offence

and   therefore,   petitioners       are   required   for   custodial

interrogation. On these grounds she prayed for rejection of

the petitions.

      5.   Learned Senior counsel appearing for respondent

No. 2 would contend that in the FIR there is an allegation

that accused persons have received kickback of more than

Rs.16.00 crores. Investigation is going on. As the offence is

continuing even after commencement of BNS the provisions

of BNS are attracted and not the provisions of IPC. One

Santosh has sent an e-mail to the complainant - Company

dated 11.10.2025 and it contains the manner in which the

accused took kickback. The preliminary investigation report
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indicates that there is transfer of huge money to the bank

accounts of accused Nos. 4 and 5. Accused No. 4 is the

mother-in-law and accused No. 5 is wife of accused No. 2.

There is a forensic audit report dated 23.12.2025 and it

clearly   indicates   the   misappropriation   and   receiving

kickback from the vendors. Accused No. 1 who was aware

of this aspect, in order to escape from criminal liability, has

tendered his resignation and it has not been accepted.

Accused No. 1 has been kept under suspension. Accused

Nos. 1 to 3 have been served with         show cause notice

through e-mail and they have not sent any reply to the said

show cause notice. Statement of bank account of accused

No. 2 clearly indicates that he has received money from the

vendors. The preliminary investigation report indicate that

Rs.16.46 crores loss has been caused to the complainant -

Company. The Board has passed a resolution dated

18.12.2025 directing the complainant Sood Siddharth to file

the complaint. P.W.4 is a partner in RK Ventures and she is
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the mother-in-law of the accused No. 2. Said RK Ventures

sold the products of Wildcraft - the complainant company.

Said RK Ventures took the job work from the complainant -

Company, namely Wildcraft. The allegations made in the

complaint are not of civil nature and they involve cheating,

dishonest intention which was going on for the last 3 years

and more. Accused No. 1 has acquired an apartment in his

name and in the name of his wife. To the said builder there

is   transfer of Rs.5,00,000/- from the account of accused

No. 4 on 04.11.2022 which is forthcoming from the

statement of account of Shobha Apartment. Accused Nos. 6

and 7, whose names are not in the FIR, who are stated to

be the vendors, have been granted bail. Said accused Nos.

6 and 7 have been interrogated in Police custody for 8 days.

The allegation against them is helping the other accused in

getting kickback amount. Learned Senior counsel placed

reliance on the following judgments:
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  a) P. Chidrambaram Vs. Directorate of Enforcement,

     2019 (2) SCC 24

  b) State Rep. by CBI Vs. Anil Sharma, 1997 (7) SCC 187

  c) Parthiban Ramakrishnan and another Vs. The State,

     rep. by The Inspector of Police, Chennai CCB-I,

     Crl.O.P. No. 18967/2025 dated 11.09.2025


     6.      In reply, learned Senior Counsel for petitioners

would contend that in the e-mail sent by the accused No. 1

tendering his resignation it is stated that there was a

discussion     in   May   and   accordingly   he   is   tendering

resignation.    The   alleged   misappropriation   of   Rs.16.00

crores is not verified. Accused No. 2 has sent a reply to the

show cause notice on 18.12.2025. The account of accused

Nos. 4 and 5 have been freezed.

     7.      Having heard learned counsel, the Court has

perused the FIR, complaint, statement of objections filed by

respondent No. 2 and other materials placed on record.
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       8.   The averments of the complaint indicate that

accused No. 1 has served the respondent No. 2 Company

as head of Manufacturing and Supply Chain and was vested

with cheque signing authority and complete control over

vendor appointment, rate negotiations, issuance of work

order and approval of invoices. He, by virtue of his position,

exercised dominion over company funds and owed the

highest fiduciary duties. He has utilised the proceeds of

crime for acquisition of immovable property including a

residential apartment.

       9.   Accused No. 2 was working as a Senior Manager

- Production and he has managed job work vendors, fabric

factory operations and procurement of consumables. The

bank    account   of   accused No. 2    indicates receipt   of

substantial sums during the period when vendors billed the

company at inflated rates. He also exercised coercive

control over vendors by threatening discontinuation of job
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work in case of non-payment of illegal gratification, i.e.,

kickback.

        10.   Accused No. 3 was involved in procurement of

yarn,    chemicals    and   production   operations   and   he

knowingly participated in procurement fraud at inflated

prices. He has received illegal commission from suppliers

primarily in cash and transferred portions of these amounts

to the accounts of accused Nos. 4 and 5. His role is integral

to the execution of conspiracy, particularly in material

procurement fraud.

        11.   Accused No. 4 is the mother-in-law of accused

No. 2, and knowingly she allowed her bank accounts to be

used for receipt, layering and onward transfer of proceeds

of crime. Substantial sums running into crores of rupees

were routed through her account. The funds transferred

through her account were used for acquisition of assets by

other accused persons including accused No. 1.
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     12.    Accused No. 5 is wife of accused No. 2. Her

accounts were systematically used to park and transfer

illicit funds in close proximity to payments released by the

Company to vendors without any independent business

dealings, justifying such receipts.

     13.    A plain reading of the complaint clearly discloses

specific and distinct overt acts attributable to each of the

accused persons, which at this stage indicate prima facie

ingredients of offences alleged in the FIR. As per averments

of the complaint and preliminary investigation report, there

is misappropriation and receiving kickback to the extent of

Rs.16.00 crores.

     14.    Learned Senior counsel for respondent No. 2

contended that at the stage of FIR it was Rs.16.00 crores

and now investigation indicates it is more than Rs.16.00

crores.    Accused   Nos.   1   to    3,   being   employees   of

complainant - Company, are alleged to have misused their

position and committed breach of trust and received
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kickbacks. The bank account statements of accused Nos. 4

and 5 indicate several transfer of amount by the vendors

out of the amount received by them from respondent No. 2

- Company. Said aspect indicate that they have paid

kickbacks in conspiracy with accused Nos. 1 to 3 to the

bank accounts of accused Nos. 4 and 5.

     15.   Considering the said aspects, accused Nos. 1 to

3 who are employees and who have misused their position

are required for custodial interrogation to ascertain the

actual involvement of the exact amount of misappropriation

and receipt of kickbacks in cash etc. Considering the gravity

of offence and the amount involved, accused Nos. 1 to 3

are not entitled for discretionary relief of anticipatory bail.

     16.   Accused No. 4 is mother-in-law of accused No. 2

and accused No. 5 is the wife of accused No. 2. A plain

reading of the complaint indicate that their bank accounts

have been used by accused Nos. 1 to 3 to get transfer of

kickback from the vendors. Accused Nos. 4 and 5 are not
                                16




employees of the complainant - Company. The only

allegation is that their accounts have been used for

receiving the kickback from the vendors. Considering the

fact that accused Nos. 4 and 5 are women and they are not

employees and only their bank accounts have been used for

receiving the kickback amount, their custodial interrogation

is not required. Considering the said fact, accused Nos. 4

and 5 are entitled for grant of anticipatory bail with

conditions.

     In the result, the following

                           ORDER

Crl.P. No. 1028/2026 filed by accused Nos. 4 and 5 is

allowed and Crl.P. No. 955/2026 filed by accused Nos. 1 to

3 is rejected.

Accused Nos. 4 and 5 are ordered to be released on

bail in the event of their arrest in Crime No. 337/2025 of

Puttenahalli Police Station registered for offences

punishable under Sections 316(4), 61(2), 49, 318(4) read

with Section 3(5) of BNS subject to following conditions:

I. Accused Nos. 4 and 5 shall voluntarily appear before

the Investigating Officer within 10 days from this day

and execute bail bond for a sum of Rs.1,00,000/-

each, with one surety for the likesum to the

satisfaction of Investigating Officer.

II. Accused Nos. 4 and 5 shall appear before the

Investigating Officer whenever called for and

cooperate for investigation.

III. Accused Nos. 4 and 5 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 him from disclosing such facts to the Court

or to Police Officer or tamper with evidence.

IV. Accused Nos. 4 and 5 shall appear before the

Investigating Officer on every Sunday between 10.00

a.m. and 05.00 p.m. for a period of 1 month or till

filing of final report whichever is earlier.