VidhiSangh

Supreme Court of India · 17/04/2023

CENTRAL BUREAU OF INVESTIGATION versus SANTOSH KARNANI & ANR

[2023] 3 S.C.R. 476 · 2023 INSC 380

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Summary

An Additional Commissioner of Income Tax allegedly demanded Rs. 30 lakhs from a builder, had it deposited through an angadia firm, acknowledged receipt on a recorded call, and then escaped an Anti-Corruption Bureau trap with his colleagues' help after handing his mobile phone to a subordinate who threw it away. The Gujarat High Court granted him anticipatory bail, doubting demand and acceptance and noting delay in the FIR. The Supreme Court set the order aside: the High Court erred on the FIR date, the angadia's statement and the recorded acknowledgement prima facie linked the officer to the deposit, his forcible evasion of arrest and destruction of evidence were strong circumstances, Section 17A of the Prevention of Corruption Act does not require prior approval in trap cases, and setting aside an unjustified grant of bail is distinct from cancellation.

Issues

  1. Whether anticipatory bail should have been granted to a public servant accused of demanding and accepting a bribe through an angadia firm, who evaded a trap and failed to respond to notices under Section 41A CrPC.
  2. Whether investigation of a trap case against a public servant requires previous approval under Section 17A of the Prevention of Corruption Act, 1988.
  3. Whether setting aside an order granting anticipatory bail requires the cogent and overwhelming circumstances needed for cancellation of bail.

Provisions considered

Held

Result

Appeals allowed; High Court order dated 19 December 2022 set aside and the anticipatory bail application dismissed; consequential order of the Special Judge, CBI dated 30 December 2022 partly allowing police remand also set aside; any application for regular bail to be decided on its own merits uninfluenced by the prima facie observations; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2023] 3 S.C.R. 476.