Directorate of Enforcement Vs Aishwarya Gowda (Karnataka High Court)
The Karnataka High Court considered a petition under Section 483(3) of the BNSS, 2023 seeking cancellation of regular bail granted to a woman accused in proceedings under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002 (PMLA). The prosecution alleged that multiple criminal cases had been registered against the respondent for scheduled offences involving conspiracy and cheating, and that proceeds of crime amounting to ₹2.385 crore through bank transfers and ₹4.79 crore in cash and gold had been laundered. The respondent had been arrested on 24.04.2025, had cooperated during investigation, and a complaint had already been filed after completion of investigation.
The Directorate of Enforcement contended that the Trial Court had granted bail solely on the ground that the respondent was a woman without recording satisfaction regarding the twin conditions under Section 45 of the PMLA. Reliance was placed on Supreme Court decisions to contend that the proviso to Section 45 did not automatically entitle every woman accused to bail. The respondent submitted that, as a woman, the first proviso to Section 45(1) exempted her from satisfying the twin conditions and relied on subsequent Supreme Court judgments. It was also pointed out that investigation had concluded, the complaint exceeded 6,700 pages with 39 prosecution witnesses, trial had not commenced, and proceedings in certain predicate offences had been stayed.
