Mumbai, Maharashtra – February 8, 2022 – A Special Judge for Greater Mumbai, P.R. Sitre (C.R. No. 26), today granted bail to Ananth Premnath Shetty, 49, a businessman from Mangalore, Karnataka, who is an accused in a case registered under the stringent Maharashtra Control of Organized Crime Act (MCOCA). The court’s decision was primarily driven by Shetty’s severe health condition, necessitating urgent heart surgery.
Shetty was arrested on August 18, 2021, in connection with CR No. 122/2020 registered by DCB CID. He faces charges under sections 387 (extortion), 120(B) (criminal conspiracy) read with 34 (common intention) of the Indian Penal Code, and sections 3(1)(ii), 3(2), and 3(4) of the MCOCA Act.
The Allegations: Extortion and Organized Crime Link
The case stems from a complaint lodged by Kailash Agarwal on August 27, 2020. Agarwal, a builder with businesses in Dubai and Switzerland, alleged that in January 2018, through an acquaintance, he was introduced to Rupin Banker. Initially, there were smooth financial dealings, but later, Rupin and his wife Meenakshi allegedly used forged documents to withdraw approximately Rs. 35 crores from Agarwal’s Bank of Baroda account in Bur Dubai.
Following a police complaint in Dubai, Rupin and Meenakshi reportedly fled to London. Agarwal then began receiving threatening phone calls from one “Vijay Shetty” in July 2019, who claimed to have committed six murders and warned Agarwal against pursuing police investigation against Rupin Banker. The threats escalated, with Vijay Shetty warning Agarwal against demanding repayment from the Banker family. Agarwal believed Vijay Shetty was acting at the behest of Hemant and Rupin Banker.
The prosecution stated that during interrogation, co-accused Hemant Banker revealed that he contacted Ananth Shetty (the applicant) for help. Call Detail Records (CDR) analysis allegedly showed continuous contact between Ananth Shetty and Hemant Banker, as well as calls between Ananth Shetty and wanted accused “gangster Vijay Shetty.” It was also alleged that threatening calls from Vijay Shetty to the complainant occurred after calls between Ananth Shetty, Hemant Banker, and Vijay Shetty. Hemant Banker also reportedly stated that he deposited Rs. 2 lakhs into one Harish Pilliyuru’s account at Ananth Shetty’s instruction.
Applicant’s Plea: Critical Health and No Direct FIR Mention
Advocate Mr. Gaurav Parkar, representing Ananth Shetty, argued that his client was not named in the initial FIR and no specific role was attributed to him during its lodging. He emphasized Shetty’s good reputation and asserted that the investigation material did not prima facie establish his involvement in MCOCA offenses or as a member of any syndicate. Parkar stated that Shetty had no serious past criminal record and had cooperated fully with the investigation during his 161 days in custody.
The primary ground for bail, however, was Shetty’s critical health condition. Parkar informed the court that Shetty is a heart patient suffering from multiple heart-related ailments, including an 80% blockage in his left and right heart arteries, requiring an urgent Coronary Artery Bypass Graft (CABG) surgery.
Court Prioritizes Life, Grants Conditional Bail
Special Public Prosecutor Mr. Sunil Gonsalves, while opposing the bail based on Shetty’s alleged direct involvement and links to wanted gangster Vijay Shetty, acknowledged that a prior request for police custody for MCOCA-specific investigation could not be effected due to Shetty’s poor health.
Judge P.R. Sitre’s order meticulously detailed Ananth Shetty’s medical history during his custody:
- Arrested on August 18, 2021, and in judicial custody since September 23, 2021.
- Admitted to Sir J. J. Hospital from September 17 to October 26, 2021 (39 days).
- Admitted to Bombay Hospital from October 27 to December 16, 2021 (50 days).
- Admitted to Nanavati Hospital from January 9 to January 15, 2022 (6 days).
The court noted that despite his custody, police never sought his physical remand during this period, indicating his continuously poor health. The order explicitly stated that Shetty is suffering from “Critical Coronary Artery Disease” and urgently needs CABG surgery.
“Considering the special category of treatment, and considering the threat to the life of the accused, this court is of the opinion that the bail application be considered, because life of an individual should be given much more weightage than the other trifle things,” the Judge observed.
Bail Conditions:
Ananth Premnath Shetty has been released on bail on medical grounds, subject to the execution of a Personal Recognizance (PR) Bond of Rs. 1,00,000/- (Rupees One Lakh only) with one or more sureties in the like amount. The court also granted a provisional cash bail of the same amount for two months, allowing him time to furnish the surety.
Further conditions include:
- Submitting the mobile numbers and detailed addresses of his sister and one other relative.
- Attending the concerned police station on the 5th day of every month.
- Submitting his passport, if any, to the Investigating Officer.
- Not tampering with prosecution evidence or threatening prosecution witnesses.
- Not committing any further offense or misusing his liberty.
- Breach of any condition will lead to cancellation of bail.
The order allows Ananth Shetty to seek urgent medical treatment while the investigation continues.