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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
MOHAMMAD NAWAZ
Srinath Joshi Mahadev IPS, S/o Mr. Mahadev – Appellant
Versus
Karnataka Lokayuktha Police Bangalore District – Respondent
| Table of Content |
|---|
| 1. background of anticipatory bail petition. (Para 3 , 4 , 5 , 6) |
| 2. arguments regarding petitioner's involvement. (Para 9 , 10) |
| 3. prosecution's concerns regarding bail. (Para 11 , 12) |
| 4. court's reasoning behind granting bail. (Para 13 , 14 , 15) |
ORDER :
MOHAMMAD NAWAZ, J.
Heard the learned senior counsel Sri. Sandesh J. Chouta, for Sri. Sampreeth, learned counsel appearing for the petitioner and learned Special Prosecutor Sri. Venkatesh S. Arbatti for respondent-Lokayukta Police.
2. Perused the material on record.
3. Petitioner, not named as an accused in the FIR registered by Karnataka Lokayukta Police, Bengaluru City, in Crime No.28/2025, is before this Court in this petition under Section 482 of the BNSS , 2023, seeking anticipatory bail.
4. FIR is registered on a complaint lodged by the Superintendent of Police, Karnataka Lokayukta, Bengaluru against one Ningappa Savantha and others, for the offence Punishable under Section 7 (A), 7(a) of the P.C. Act, 1988.
5. As per complaint, some unknown persons impersonating as Lokayukta officials were extracting money from the public servants. It is alleged that the accused by name Ningappa Savantha, used to contact the offici
Anticipatory bail may be granted in exceptional circumstances in corruption cases, where direct evidence against the accused is lacking, and conditions can mitigate prosecution concerns.
Jurisdiction for anticipatory bail in corruption cases lies with the High Court, not with the Special Judge under the Prevention of Corruption Act.
Anticipatory bail must be approached with caution in corruption cases, particularly when involving public servants, as it can undermine public trust in justice.
Anticipatory bail is granted under specific conditions when custodial interrogation is deemed unnecessary following a completed investigation.
Anticipatory bail granted due to cooperation with investigation and absence of necessity for custodial interrogation, emphasizing judicial discretion based on offence severity.
Anticipatory bail in corruption cases requires exceptional circumstances; mere presumption of innocence is insufficient.
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