Supreme Court cancels anticipatory bail of Karnataka SP accused of corruption

The Supreme Court reviewed whether the High Court was justified in granting this relief given the respondent's rank and the nature of the allegations.

Who it concerns: Petitioner: Karnataka Lokayuktha Police, Bangalore District; Respondent: Srinath Joshi Mahadev, IPS; Bench: Justice Sanjay Kumar and Justice Sanjeev Sachdeva.

What the court decided

• Set aside the order passed by the High Court granting anticipatory bail to the respondent.
• Direct the respondent to surrender within a period of three weeks from the date of the order.
• Allow the respondent to seek regular bail thereafter in accordance with law before the appropriate forum.
• Allow the appeal.
• Dispose of any pending applications.

Also in the document

• The Court noted that the respondent, being a member of a uniformed service of the rank of Superintendent of Police, cannot claim parity with a layman regarding the apprehension of arrest.
• The Court observed that the High Court was not justified in foreclosing the possibility of custodial interrogation given the material procured by the prosecution.
• Two mobile phone handsets seized from the respondent were found to be tampered with and damaged, and their forensic examination report was awaited at the time the High Court granted relief.