Karnataka High Court Denies Plea to Quash FIR in Cash-for-Bail Case
The Karnataka High Court, on Wednesday, turned down a request to dismiss criminal proceedings against a Mysuru-based advocate implicated in a scheme to secure bail through bribery. The case, Dayeena Banu v. State of Karnataka, involves allegations that the advocate promised bail for a litigant’s son by attempting to bribe a High Court judge.
Presiding over the case, Justice M Nagaprasanna emphasized the severity of accusations that money was solicited to influence a judicial decision. He stated, “What is alleged in the case at hand is a litigant coming before the coordinate Bench of this Court with a letter that the Advocate and the cohorts of the Advocate have taken money on the ground that they would secure a bail by giving the Hon’ble Judge certain money. Therefore, the complaint is registered…to investigate and bring in the perpetrators of such allegation.”
Allegations and the Court’s Stance
The Court stressed the importance of investigating claims that could undermine judicial integrity. “The allegation, if found to be true, would cut at the root of the integrity of the Institution. Therefore, in such cases investigation is a must as the question involved is Institutional integrity,” Justice Nagaprasanna added.
The case originated from claims by a woman named Theresa, whose son, V Vishnu Devan, was arrested in a murder case in 2021. Theresa alleged that she was introduced to Marina Fernandes near Mayo Hall court, who demanded ₹10 lakh for her son’s bail. Upon failing to obtain bail, Theresa sought a refund, but the cheques received were dishonored. She was later introduced to Aarathi, purportedly an associate of a High Court judge, who asked for ₹1.72 lakh, asserting that ₹1 lakh would be directed to the judge. Advocate Dayeena Banu then approached Theresa, informing her that a substantial payment was necessary to a High Court judge for her son’s release.
Legal Proceedings and Arguments
Theresa initially approached the State Bar Council, accusing Marina Fernandes and Aarathi of deception. Subsequently, she addressed a letter to the Karnataka High Court, dated December 18, 2024, alleging that an advocate was demanding money to bribe a judge. Following these allegations, the High Court Registrar filed a complaint, prompting the police to lodge a first information report (FIR). Advocate Dayeena Banu sought to have the case quashed by the High Court.
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In defense, Senior Advocate Hasmath Pasha argued that Banu was already subject to disciplinary action before the Bar Council and that the elements of the cheating offense were not evident in her conduct. Pasha also contended that the FIR was registered without a preliminary inquiry. Meanwhile, State Public Prosecutor BN Jagadeesha argued that such allegations, if proven, severely threaten judicial credibility, necessitating a thorough investigation. He noted that the investigation was delayed due to interim protection hindering progress.
Justice Nagaprasanna dismissed the plea, underscoring that the alleged cheating offense assumes a broader institutional impact when it involves claims of judicial bribery. “The offence of cheating allegedly committed by an individual in the normal circumstance becomes an institutional concern when such cases are projected. Therefore, there can be no question of interdiction of investigation on any ground whatsoever unless investigation would ensue and a final report is filed before the concerned Court.”
