New Delhi: The Supreme Court has set aside the anticipatory bail granted by the Karnataka High Court to Srinath Joshi Mahadev, IPS, a Superintendent of Police in the Karnataka Lokayuktha Police, in a corruption case, and directed him to surrender within three weeks. A Bench of Justice Sanjay Kumar and Justice Sanjeev Sachdeva passed the order on 29 October 2026 in an appeal by the Karnataka Lokayuktha Police, Bangalore District.
The case arises from FIR No. 28/2025 dated 02.06.2025, registered by the Lokayuktha Police under the Prevention of Corruption Act, 1988. Initially, the respondent was not named as an accused, and only one Ningappa Savantha was shown as the accused. The allegation against him was that he had projected himself as an official of the Lokayuktha’s office to extract money under threat from public servants.
The Court noted that the respondent was implicated by the disclosures of the accused, Ningappa Savantha, and was examined under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution asserted that Savantha, a police constable dismissed from service for unauthorized absence, was in touch with the respondent and used to visit the Lokayuktha office to meet him.
Apprehending arrest, the respondent first approached the Special Court for anticipatory bail, and also filed a writ petition in the High Court for quashing of the proceedings, in which he secured a stay of further proceedings. The Special Court rejected his application on 24.06.2025, as proceedings remained stayed. The writ petition was disposed of on 08.07.2025, leaving it open to him to seek remedies including anticipatory bail, but the Special Court again rejected his application on 18.07.2025. By then, he had been arraigned as accused No. 2.
The High Court then granted him anticipatory bail on 01.09.2025 in Criminal Petition No. 10806/2025. The Supreme Court noted that two mobile phone handsets seized from him were found to have been tampered with and extensively damaged, and were sent to the Forensic Science Laboratory, whose report was awaited when the High Court granted relief. The High Court took a lenient view because he had appeared before the Investigating Officer pursuant to a notice and had not been arrested, and it therefore saw no apprehension of arrest.
The Supreme Court held that the respondent is a member of a uniformed service of a rank no less than Superintendent of Police, against whom grave accusations of abuse of office had been levelled within the Lokayuktha establishment. Since the very objective of that establishment is to check corruption, the allegation that he is himself a part of such corruption, it said, warranted serious consideration.
The Bench further held that a member of a uniformed service cannot claim parity with a layman who seeks protection from being arraigned as an accused, and from being investigated or arrested. Given the material procured by the prosecution, which warranted deeper examination, the High Court was not justified in foreclosing the possibility of custodial interrogation by granting anticipatory bail.
Allowing the appeal, the Court set aside the High Court’s order and directed the respondent to surrender within three weeks of the order. He remains at liberty to seek regular bail thereafter, in accordance with law, before the appropriate forum.
Appearances: For the Appellant: Mr. Vikram Hegde, AOR, Mr. Trishan Dollny, Advocate, and Mr. Akshit Singla, Advocate. For the Respondent: Mr. Gaurav Aggarwal, Senior Advocate, Mr. Sanjay Jain, AOR, Mr. Shankar Hegde, Advocate, and Mr. Sunny Sachin Rawat, Advocate.
Case Title: Karnataka Lokayuktha Police, Bangalore District v. Srinath Joshi Mahadev, IPS, Criminal Appeal arising out of SLP (Crl.) No. 4840/2026
