Supreme Court: Vacates Karnataka High Court bail order in Senior Intelligence Officer case

The Supreme Court, through a two‑judge bench of Justice Dipankar Datta and Justice Sheel Nagu, set aside the Karnataka High Court’s order that had granted bail to Mohammed Kamran in the civil dispute Senior Intelligence Officer v. Mohammed Kamran. The apex court held that the High Court’s disposal of the bail petition was procedurally defective and therefore could not stand. The decision vacated the bail order while leaving the respondent on interim bail pending fresh consideration.

The appellant, a senior intelligence officer, had alleged that the respondent committed fraud under the CGST Act. The respondent was arrested, and earlier applications for bail were rejected. On 26 December 2025, the Karnataka High Court, during its winter vacation, granted bail without a proper adjournment, while suppressing parallel bail applications and a pending writ petition. The Supreme Court examined whether this procedure violated natural‑justice principles and amounted to an abuse of process.

The apex court concluded that the appellant was denied a full hearing and that the respondent’s forum‑shopping and non‑disclosure breached the principle of uberrima fides, thereby vitiating the High Court’s discretionary jurisdiction to grant bail. While the bail itself was not cancelled, the Supreme Court vacated the High Court’s order and remitted the matter to the Single Judge for a fresh merits‑based determination. The respondent remains on interim bail under the earlier terms, and the appellant may file a counter‑affidavit within two weeks.

Read the judgment and its head note on DLJ: Senior Intelligence Officer vs Mohammed Kamran (2026 INSC 1140).