Background of the Case
The Karnataka High Court recently ruled against granting anticipatory bail to a lawyer implicated in a bribery case, where the lawyer allegedly assured a litigant that her son would be granted bail in exchange for a bribe to a High Court judge. The case is formally titled Dayeena Banu v. State of Karnataka.
Court Proceedings and Ruling
Justice V Srishananda presided over the matter and dismissed the anticipatory bail application filed by advocate Dayeena Banu. The court’s decision came after Banu’s legal representative conveyed her arrest on Thursday. Consequently, the court deemed the anticipatory bail plea as infructuous.
Justice Srishananda’s decision follows previous indications from the court that anticipatory bail would not be granted, emphasizing the necessity for custodial interrogation in this particular case. On September 9, the court remarked, “The allegation is that the bribe was taken to give it to the judge. Whatever it is, custodial interrogation is necessary. There is no question of granting anticipatory bail.” During the same proceedings, the court advised Banu to surrender to the investigating authorities or the jurisdictional court and subsequently apply for regular bail.
Complaint and Investigation
The case originated from a complaint filed by Theresa, whose son, V Vishnu Devan, was detained in 2021 on murder charges. According to Theresa’s complaint, she was introduced to Marina Fernandes, who allegedly requested ₹10 lakh to facilitate bail for her son. After the bail was not secured, Theresa sought a refund, but the cheques she received were dishonoured.
Further, Theresa was introduced to Aarathi, who purportedly claimed to be an associate of a High Court judge and demanded ₹1.72 lakh, including ₹1 lakh allegedly intended as a bribe. Advocate Dayeena Banu allegedly informed Theresa that a significant sum would be required to secure her son’s release through the High Court judge.
Legal Developments
Initially, Theresa approached the State Bar Council, alleging deception by Marina Fernandes and Aarathi. She later submitted a letter to the Karnataka High Court on December 18, 2024, accusing an advocate of demanding money to bribe a judge. This prompted the High Court’s Registrar to lodge a formal complaint, leading to a police FIR that listed Banu among the accused.
Previously, Banu sought to have the criminal case quashed by the High Court. However, the court dismissed her petition on August 6, citing the grave nature of the accusations involved.
