IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV CRIMINAL PETITION NO. 14793 OF 2025 BETWEEN:

G. T. DINESH KUMAR S/O THIPPERUDRAPPA, AGED ABOUT 46 YEARS, FLAT NO.A1-107, BLOCK-A, VAISHNAVI NORTH, HEBBAL, BENGALURU-560024 (CURRENTLY PETITIONER IS IN JUDICIAL CUSTODY FROM 16.09.2025)

…PETITIONER (BY SRI. SANDESH J CHOUTA, SENIOR ADVOCATE A/W SRI. MADESH V M., ADVOCATE)

AND:

DIRECTOR OF ENFORCEMENT REP. BY ASSISTANT DIRECTOR, Digitally signed by GOVERNMENT OF INDIA, VIDYA G R BENGALURU ZONAL OFFICE, Location:

HIGH 3RD FLOOR, B BLOCK, BMTC, COURT OF SHANTHINAGARA-TTMC, KARNATAKA K H ROAD, SHANTHINAGARA, BENGALURU-560 027.

…RESPONDENT (BY SRI. ARVIND KAMATH, ADDL. SOLICITOR GENERAL A/W SRI. MADHUKAR DESHPANDE, ADVOCATE)

THIS CRL.P IS FILED UNDER SECTION 439 OF THE CODE OF CRIMINAL PROCEDURE, 1973 (SECTION 483 OF BNSS, 2023) R/W 45 OF PMLA ACT, 2002 PRAYING THAT TO RELEASE THE PETITIONER FROM CUSTODY IN THE CASE REGISTERED BY THE RESPONDENT IN ECIR/BGZO/25/2024 REGISTERED BY ENFORCEMENT DIRECTORATE PENDING ON THE FILE OF HONBLE LXXXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-82) (SPECIAL COURT EXCLUSIVELY TO DEAL WITH CRIMINAL CASES RELATED TO ELECTED FORMER AND SITTING MPS/MLAS IN THE STATE OF KARNATAKA) FOR THE O/P/U/S 45 OF PMLA ACT AND ETC., THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED ON 18.12.2025 AND COMING ON FOR PRONOUNCEMENT OF ORDERS THIS DAY, THE COURT, MADE THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

CAV ORDER

S. SUNIL DUTT YADAV. J This Order has been divided into the following Sections to facilitate analysis:

The present petition has been filed seeking to release the petitioner from custody in the case registered by the respondent-Directorate of Enforcement (hereinafter referred to as 'ED') in Case No.ECIR/BGZO/25/2024 pending on the file of LXXXI Additional City Civil and Sessions Judge and Special Court for Trial of MPs/MLAs Cases at Bengaluru (CCH-82).

[I] BRIEF FACTS:-

2. The brief facts are that the petitioner has been arraigned as an accused in Case No.ECIR/BGZO/25/2024 ('hereinafter referred to as 'ECIR'). It is made out from the records that initially, a Private Complaint came to be filed in PCR No.28/2024 as well as FIR in Crime No.11/2024 which was registered by the Karnataka Lokayukta Police, Mysuru. The FIR has been registered for the offences punishable under Sections 120B, 166, 403, 406, 420, 426, 465, 468, 340, 351 of IPC, 1860 read with Sections 9 and 13 of the Prevention of Corruption Act, 1988 ['P.C. Act' for brevity] and read with Sections 3, 53 and 54 of the Prohibition of Benami Property Transactions Act, 1988 and read with Sections 3 and 4 of the Karnataka Land Grabbing Prohibition Act, 2011.

3. It is asserted that pursuant to PCR No.28/2024 (Crime No.11/2024), the Karnataka Lokayukta Police, Mysuru has filed 'B' Final Report only against accused Nos.1 to 4 in the PCR and had sought permission to conduct further investigation in terms of Section 173(8) of the Code of Criminal Procedure, 1973 ['Cr.P.C.' for brevity].

4. The Court, while keeping open acceptance or rejection of 'B' Final Report had adjourned the proceedings. In the interregnum, Case No.ECIR/BGZO/ 25/2024 was registered on 01.10.2024 for the scheduled offences punishable under the Prevention of Money Laundering Act, 2002 ['PMLA' for brevity].

5. It is stated that there had been search under Section 17 of PMLA by the respondent - 'ED' in the house of the petitioner on 18.10.2024, that the respondent-'ED' has recorded the statement of Mr. Prashant Raju, who is the Personal Assistant of petitioner, that on 28.10.2024, the respondent - 'ED' had conducted search and seizure under Section 17 of PMLA in the house of father-in-law and brother-in-law of the petitioner and Panchanama was drawn, that the respondent - 'ED' had also conducted search and seizure by exercise of power under Section 17 of PMLA in the house of accused from 2