The Supreme Court of India on April 16 granted anticipatory bail to Venu Gopalakrishnan, a Kerala-based IT entrepreneur accused of rape and sexual harassment, overturning a Kerala High Court order that had denied him such protection. The bench comprising Justices BV Nagarathna and Ujjal Bhuyan noted that the criminal complaint against him appeared to have been filed after the failure of a proposed financial settlement of ₹30 crore between the parties.
The court observed that a meeting on July 24, 2025, involving Gopalakrishnan, the complainant and her husband had discussed a settlement proposal of ₹30 crore in tranches. Documents on record indicated the complainant and her husband were willing to accept the amount to resolve the dispute, with the court stating that had the settlement proceeded, no criminal proceedings would have been initiated.
Gopalakrishnan had filed a criminal complaint against the complainant and her husband on July 28, 2025, alleging extortion, which led to their arrest and subsequent release on bail. The complainant then filed the FIR alleging rape and sexual harassment against Gopalakrishnan at the Infopark Police Station in Ernakulam. The Supreme Court remarked that the sequence of events suggested the later FIR was filed as a “counter blast” to the earlier proceedings initiated by the entrepreneur.
The bench allowed Gopalakrishnan’s appeal and set aside the Kerala High Court’s denial of anticipatory bail. It directed that in the event of arrest, he 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.
The Supreme Court had previously granted interim protection to Gopalakrishnan in September 2025, directing that no coercive steps be taken against him pending investigation. Taking note that the investigation was ongoing, the court held that the interim protection should be made absolute, emphasizing that its observations were limited to the question of anticipatory bail and would not affect the merits of the trial or other proceedings between the parties.
Legal Basis and Conditions of Bail
The court held that Gopalakrishnan was entitled to relief under the law governing anticipatory bail, specifically referencing provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023. It clarified that any violation of the bail conditions could result in the cancellation of the protection granted. The order emphasized cooperation with the investigation as a key condition, alongside the prohibition on influencing witnesses or tampering with evidence.
The FIR against Gopalakrishnan was registered under Sections 64 (rape), 74 (outraging modesty of a woman), 75 (sexual harassment), 79 (insulting woman’s modesty), and 351(2) (criminal intimidation) of the Bharatiya Nyaya Sanhita, read with Section 3(5) (common intention). It too included Section 67A of the Information Technology Act, 2000, relating to transmitting sexually explicit acts.
Context of the Dispute
The dispute originated from allegations made by a female employee of Gopalakrishnan’s IT firm based in Infopark, Kochi. The entrepreneur has maintained that the allegations are false and part of an extortion attempt following failed settlement talks. His legal team, led by senior advocates Mukul Rohatgi and Raghenth Basant, argued that the timing of the FIR—filed after his own complaint against the complainant and her husband—indicated a retaliatory motive.
The complainant’s legal representation includes senior advocate Karuna Nundy, who has argued that the allegations are credible and deserve full judicial scrutiny. The state of Kerala, represented by senior advocate P.V. Dinesh, supported maintaining the coercive action against Gopalakrishnan pending investigation.
Judicial Observations and Limitations
The Supreme Court was careful to limit its remarks to the bail application, explicitly stating that its observations on the sequence of events and the settlement discussion did not constitute a finding on the merits of the rape and sexual harassment charges. The judgment citation is 2026 LiveLaw (SC) 378, and a copy of the order is available through the court’s official channels.
The court reiterated that anticipatory bail is not an immunity from trial but a procedural safeguard against unjust arrest. It emphasized that the grant of bail does not preclude the prosecution from presenting its case or the court from evaluating evidence during trial.
Next Steps in the Case
The matter remains under investigation, with the trial yet to commence. The next confirmed checkpoint is the framing of charges by the trial court, pending which the investigation continues. Both sides are expected to present further evidence and witness statements in due course.
The Supreme Court’s order ensures that Gopalakrishnan will not be arrested without the opportunity to seek bail, provided he adheres to the conditions set. Any breach of those conditions may lead to immediate custody.
For updates on the case, interested parties may follow the cause list of the Kerala trial court or check for further orders from the Supreme Court.
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