'Rape Case Filed After Failed Rs 30 Crore Settlement' : Supreme Court Grants Anticipatory Bail To IT Entrepreneur

The Supreme Court on Thursday (April 16) granted anticipatory bail to a businessman accused of rape and sexual harassment, observing that the complaint against him appeared to have been filed after the failure of a proposed financial settlement of ₹30 crore between the parties.

A Bench comprising Justice BV Nagarathna and Justice Ujjal Bhuyan allowed the appeal filed by Kerala-based IT entrepreneur Venu Gopalakrishnan and set aside the Kerala High Court's order which had denied him anticipatory bail in connection with an FIR registered at Infopark Police Station, Ernakulam under Sections 351(2) (criminal intimidation), 64(rape), 74(outraging modesty of woman), 75(sexual harassment) and 79(insulting woman's modesty) read with Section 3(5)(common intention) Bharatiya Nyaya Sanhita and Section 67A(transmitting sexually explicit acts) of the Information Technology Act.

The Court directed that in the event of arrest, the appellant shall be released on bail upon furnishing cash security of ₹1 lakh with two sureties, subject to cooperation with the investigation and a condition that he shall not influence witnesses or tamper with evidence.

Settlement Demand Of ₹30 Crore Preceded Criminal Complaints

The Bench noted that a meeting had taken place between the appellant, the complainant, and her husband on July 24, 2025, during which a proposal was made for payment of ₹30 crore in tranches to settle the dispute.

The Court observed that the documents on record indicated that the complainant and her husband were willing to accept the payment to bring the dispute to an end.

"They (the complainant and her husband) were willing to accept ₹30 crore to bring quietus to their allegations,” the Court noted, adding that “had the financial settlement been taken to its logical conclusion, no criminal proceedings would have been initiated.”

The Bench further noted that the appellant, apprehending extortion, had lodged a criminal complaint against the complainant and her husband on July 28, 2025, which led to their arrest and subsequent release on bail. It was thereafter that the complainant filed the FIR alleging rape and sexual harassment against the appellant.

The Court remarked that the sequence of events suggested that the later FIR was filed as a “counter blast” to the earlier criminal proceedings initiated by the appellant.

The Supreme Court had earlier granted interim protection to the appellant in September 2025, directing that no coercive steps be taken against him subject to cooperation with the investigation.

Taking note that the investigation was ongoing and considering the overall circumstances of the case, the Court held that the interim protection deserved to be made absolute.

Allowing the appeal, the Court held that the appellant was entitled to relief under the law governing anticipatory bail and directed that any violation of the bail conditions could result in cancellation of the protection granted.

The Court clarified that its observations were limited to the question of anticipatory bail and would not affect the merits of the trial or other proceedings pending between the parties.

Appearances:

For petitioner - Mr. Mukul Rohatgi, Senior Advocate; Mr. Raghenth Basant, Senior Advocate; Mr. Thomas J. Anakkallunkal, Advocate; Mr. Sameer Rohatgi, Advocate; Ms. Anupa Anna Jose Kandoth, Advocate; Ms. Dhanya Sunny, Advocate; Ms. Hima Bhardwaj, Advocate; and Mr. Vishnu P., AOR.

For complainant - Ms. Karuna Nundy, Senior Advocate; Mr. Vipul Kumar, AOR; Mr. Amanpreet Singh, Advocate; Mr. Shiv Mehrotra, Advocate; Mr. Prajwal Tiwari, Advocate; Ms. Shivangshi Mitra, Advocate; Ms. Vaishnavi Rao, Advocate.

For the State - Mr. P.V. Dinesh, Senior Advocate; Mr. Nishe Rajen Shonker, AOR; Mrs. Anu K. Joy, Advocate; Mr. Alim Anvar, Advocate; Mr. Santhosh K., Advocate; Mr. Devika A.L., Advocate; and Ms. Anna Oommen, Advocate

Case : Venu Gopalakrishnan v State of Kerala and another

Citation : 2026 LiveLaw (SC) 378

Click here to read the judgment