Sri Mahesh Ratanshi Gandhi Vs State of Karnataka by

SRI. MAHESH RATANSHI GANDHI, C/O RATANSHI GANDHI, AGED ABOUT 45 YEARS, R/AT NO.07, OLD NO.34, DAMODHARA MODALIAR STREET, HALASURU, BENGALURU NORTH, BENGALURU - 560 008.

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…PETITIONER

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(BY SRI. MOHANKUMARA D, ADVOCATE)

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AND:

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Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA BY KADUGONDANAHALLI PS, BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001.

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…RESPONDENT (BY SRI. RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 24.03.2025 PASSED BY THE LEARNED LXIX ADDL.CITY CIVIL AND SESSIONS JUDGE (CCH-70) BANGALORE, IN CRL.MISC.NO.2126/2025 AND CONSEQUENTLY, TO ENLARGE

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NC: 2025:KHC:18648 CRL.P No. 6876 of 2025

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HC-KAR

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THE PETITIONER ON ANTICIPATORY BAIL, IN EVENT OF HIS ARREST BY RESPONDENT KADUGONDANAHALLI POLICE STATION, BENGALURU, IN CRIME NO.473/2024, FOR O/P/U/S 51(B)(1), 63 OF COPYRIGHT ACT, 1957 AND SECTION 318(4) OF THE BNS, 2023, PENDING ON THE FILE OF LEARNED 9TH ADDL.CMM COURT, BANGALORE CITY.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Petitioner, who is apprehending arrest in Crime No.473/2024 registered by Kadugondanahalli Police Station, Bengaluru, for offences punishable under Section 51(B)(1) and 63 of Copyright Act, 1957 and Section 318(4) of the BNS, 2023, is before this Court under Section 482 of BNNS 2023, seeking anticipatory bail.

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Heard the learned counsel for the parties.

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First Information Report in Crime No.473/2024 was registered by Kadugondanahalli Police Station,

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NC: 2025:KHC:18648 CRL.P No. 6876 of 2025

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HC-KAR

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Bengaluru, against the owner of A.N. Home Needs Center, located at Ananta Layout, Shampura Road, Bengaluru, based on the first information dated 30.11.2024 received from Prakash Rathod, Assistant Commissioner of Police, KG Halli, Sub Division, Bengaluru City. Apprehending arrest in the case, petitioner, who had received an enquiry notice in the said case had filed Crl.Misc.No.2126/2025 before the jurisdictional Sessions Court, which was rejected on 24.03.2025. Therefore, he is before this Court.

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A perusal of the material on record would go to show that undisputedly petitioner is not arrayed as accused in the FIR. The allegation in the first information submitted by the Police Officer is that he had received information from the representative of a Company known as Reckitt Benckiser (India) Private Limited that their product known as HARPIC Bathroom Cleaner was being illegally manufactured and sold by accused named in the FIR viz., A N Home Needs Center. It appears that during

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4 - NC: 2025:KHC:18648 CRL.P No. 6876 of 2025

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HC-KAR

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the course of investigation, enquiry notice has been issued

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to the petitioner, who is said to be the owner of a Store within the jurisdiction of Kadugondanahalli Police Station, where the said product is being allegedly sold. After the FIR was registered it appears a raid was conducted to the shop premises of A N HOME NEEDS CENTER and 130 bottles of spurious product in the name of Harpic Bathroom Cleaner were seized. Insofar as the petitioner is concerned his name is not found in the FIR and since he had received a enquiry notice he is apprehending arrest in the present case and therefore, the said apprehension cannot be said to be without any basis. The alleged offences are triable by the Court of Magistrate and the maximum punishment for the said offences is imprisonment for a period of seven years. It is stated that the petitioner has no criminal antecedents. He has undertaken to co-operate with the Police for the purpose of investigation.

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NC: 2025:KHC:18648 CRL.P No. 6876 of 2025

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HC-KAR

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Considering the aforesaid aspects of the matter, I

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am of the opinion, that the prayer made by the petitioner needs to be answered in the affirmative. Accordingly, the following :-

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ORDER

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The petition is allowed. 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 Crime No.473/2024 registered by Kadugondanahalli Police Station for the offences punishable under Section 51(b)(1) and 63 of Copyright Act, 1957, and Section 318(4) of the Bharatiya Nyaya Sanhita (BNS), 2023, subject to the following conditions:

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The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/-(One lakh only) with two sureties for the likesum to the satisfaction of the investigating officer.

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NC: 2025:KHC:18648 CRL.P No. 6876 of 2025

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HC-KAR

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Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

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Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon.

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The petitioner shall not involve in similar offences in future.

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Sd/(S VISHWAJITH SHETTY) JUDGE

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NG

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List No.: 1 Sl No.: 55 CT: BHK

Sri Mahesh Ratanshi Gandhi v. State of Karnataka by

Case brief

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Sri Mahesh Ratanshi Gandhi v. State of Karnataka by

Case brief

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