Karnataka HC allows probe against advocate for allegedly taking money for bail by dropping judge’s name to get bail
The High Court of Karnataka has refused to quash criminal proceeding against an advocate who is accused of obtaining a few lakhs from a litigant’s
The High Court of Karnataka has refused to quash criminal proceeding against an advocate who is accused of obtaining a few lakhs from a litigant’s mother by falsely claiming that money needed to give to a High Court judge to secure bail for her son, who was arrested in a murder case. “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,” the court observed. Justice M. Nagaprasanna passed the order on August 5 while dismissing a petition filed by advocate Dayeena Banu, 40. The criminal case was registered on a complaint lodged by the Registrar-General of the High Court on December 20, 2024, based on an order passed on December 18, 2024, by a single-judge Bench of Justice H.P. Sandesh, who acted on a letter written by Theresa pointing out that advocate was demanding money to pay him.
Case background The case stems from events beginning in 2021 when the son of complainant Theresa, V. Vishnu Devan, 27, was arrested and remanded in judicial custody. According to the complaints, Theresa was initially introduced to a woman named Marina near Mayo Hall Court complex in Bengaluru, who allegedly demanded ₹10 lakh to secure bail for Devan. When the bail was not secured despite payment, Marina promised to refund the amount but failed. Marina later introduced Theresa to another woman, Aarathi, “who initially took ₹72,000 by claiming to have connections with Justice H.P. Sandesh of the High Court judge...” However, as the bail was not granted, Theresa personally visited the court’s registry and found out that petition for her son’s bail was filed but advocate had not appeared when the case was listed for hearing.
Later, Arathi allegedly “demanded ₹1 lakh stating that the judge H.P. Sandesh, demanded the same” and at this stage petitioner, Dayeena Banu entered the seen and told Theresa that, “the judge will not accept rupees one lakh or two lakhs, and accepts ₹50 lakh and above”. Appeared before judge Following this, Theresa lodged a complaint with the Bar Council of India against the advocates who extracted money from her, and also wrote a letter to the High Court narrating her experience with advocates. Justice Sandesh, before whom Theresa personally appeared and narrated her plight in an open court proceeding, suo motu took up the bail petition of her son and passed the order on December 18, 2024, directing the Registrar-General to lodge a criminal case based on her allegations and letter.
The BriefWire