High Court grants bail to Income Tax officer accused of bribe demand

The core issue is whether the High Court erred in granting bail and how the offence under the Prevention of Corruption Act applies to the alleged bribe demand.

Who it concerns: Appellants: Central Bureau of Investigation and Rupesh Balwantbhai Brambhatt (complainant). Respondents: Santosh Karnani (Respondent No. 1, an IRS Officer) and others. Bench: Justice Surya Kant.

What the court decided

• The Court granted leave to appeal in both Criminal Appeal No. 1148 of 2023 and Criminal Appeal No. 1149 of 2023.
• The Court noted the High Court of Gujarat had granted anticipatory bail to Respondent No. 1 on 19th December 2022.
• The Court recorded the background facts, including the alleged demand of Rs. 30 lakhs, the trap laid by ACB, and the subsequent registration of the FIR under Section 7 of the Prevention of Corruption Act, 1988.
• The Court noted that the CBI had applied for police remand, which was partly allowed by the Special Judge, CBI Court No. 3, directing the accused to surrender for specific dates in December 2022 and January 2023.
• The Court noted that the Special Judge stayed the operation of the remand order pending the final disposal of the Special Leave Petition.

Also in the document

• The judgment is marked as 'REPORTABLE'.
• The High Court granted anticipatory bail despite the Special Judge, CBI Court, having previously rejected it and stated that custodial interrogation was necessary.
• The High Court directed that the accused could be remanded to police custody for investigation but must be set free immediately upon completion of that period.
• The accused is alleged to have evaded arrest and failed to produce his mobile phone(s) during the investigation despite repeated requests.