DAYEEN BANU.B.M, vs STATE OF KARNATAKA BY
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:59251
CRL.P No. 15110 of 2026
CNR: KAHC010678062026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 17 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
CRIMINAL PETITION NO. 15110 OF 2026
BETWEEN:
DAYEEN BANU.B.M,
D/O LATE MAHABOOB SHARIFF.B.S
AGED ABOUT 40 YEARS,
R/AT NO. 1977/1, 14TH WEST CROSS,
ASHOKA ROAD, LASHKAR MOHALLA,
MYSORE -570 001,
(NOW IN JUDICIAL CUSTODY
CENTRAL PRISON), BANGALORE.
…PETITIONER
(BY SRI/SMT HASHMATH PASHA, SENIOR ADVOCATE FOR
SRI NASIR ALI,ADVOCATE)
AND:
STATE OF KARNATAKA BY
VIDHAN SOUDHA POLICE,
BENGALURU.
(REPRESENTED BY LEARNED
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BANGALORE- 560 001).
…RESPONDENT
(BY SRI M N ANOOP KUMAR, ADDL.SPP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483
BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING
THAT THIS HONOURABLE COURT MAY BE PLEASED TO
ENLARGE HIM ON BAIL IN CR.NO.117/2024 OF VIDHANA
SOUDHA P.S. BENGALURU CITY FOR THE OFFENCE P/U/S
318(4),79,3(5) OF BNS WHICH IS PENDING ON THE FILE OF
Digitally Signed by ANANT
RAMNATH HEGDE
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HC-KAR
NC: 2026:KHC:59251
CRL.P No. 15110 of 2026
CNR: KAHC010678062026
THE HONBLE XLI ADDL.C.J.M AT BENGALURUTHE LXXI
ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU HAS
DISMISSED THE BAIL PETITION ON 26.09.2026 IN
CRL.MISC.NO.9549/2026.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
ORAL ORDER
Heard the learned Senior counsel appearing for the
petitioner and the learned Additional State Public Prosecutor for
the respondent-State.
2. This petition is filed seeking bail in connection with
Crime No.117/2024 registered by Vidhana Soudha Police
Station, Bengaluru City for the offences under Sections 318(4),
79 and 3(5) of Bharatiya Nyaya Sanhita, 2023. (‘BNS’)
3. Learned Additional State Public Prosecutor would
submit that investigation is completed, and the charge sheet is
filed against accused No.2 and 3. However, the charge sheet is
not filed in respect of the petitioner as the petitioner had
questioned the complaint in the FIR in Criminal Petition No.
2169/2025 and there was an interim protection granted to the
Digitally Signed by ANANT
RAMNATH HEGDE
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HC-KAR
NC: 2026:KHC:59251
CRL.P No. 15110 of 2026
CNR: KAHC010678062026
petitioner, as such, the investigation was not carried out
against the petitioner, and the said petition is dismissed vide
order dated 05.08.2026 and the investigation is going on
against the petitioner.
4. Learned Senior counsel appearing for the petitioner
would submit that bail has been granted by the Sessions Court
in favour of accused No.2 vide order dated 22.04.2025 and in
favour of accused No.3, the Co-ordinate Bench of this Court has
granted bail vide order dated 05.08.2026.
5. Learned Senior Counsel would submit that the
contents of the complaint do not contain any allegation that the
petitioner has received the so-called bribe amount allegedly
demanded by the petitioner. The allegation in the complaint is,
the petitioner has demanded the bribe from the complainant on
the ground that the said amount is required to secure bail to
the complainant's son and the said amount is required to be
paid to the sitting Judge of the Court.
Digitally Signed by ANANT
RAMNATH HEGDE
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HC-KAR
NC: 2026:KHC:59251
CRL.P No. 15110 of 2026
CNR: KAHC010678062026
6. Learned Senior counsel for the petitioner would
submit that the maximum punishment that can be awarded for
the aforementioned offence is 7 years imprisonment with fine.
7. It is the further submission that the petitioner is in
custody since 17.09.2026 and while arresting the petitioner,
notice has not been issued as required under Section 35(3) of
the Bhartiya Nagarik Suraksha Sanhita, 2023.
8. Learned Senior counsel would also submit that the
petitioner has no criminal antecedents, and the petitioner would
co-operate with the investigation and abide by the terms and
conditions of the bail in case, released on bail.
9. Learned Additional State Public Prosecutor would
submit that the petitioner has committed a serious crime. She
has demanded money from the complainant on the pretext that
the said amount has to be given to the sitting Judge before
whom the complainant's son's bail application was pending.
10. The Additional State Public Prosecutor would also
submit that it is a case of gross professional misconduct on the
part of the petitioner and complaint is filed before the Bar
Digitally Signed by ANANT
RAMNATH HEGDE
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HC-KAR
NC: 2026:KHC:59251
CRL.P No. 15110 of 2026
CNR: KAHC010678062026
council for the professional misconduct and same is pending
consideration.
11. Learned Additional State Public Prosecutor would also
submit that in case the petitioner is released on bail, there is a
possibility that the petitioner may commit similar offences and
may induce the witnesses and may destroy the evidence.
12. It is the further submission that the investigation
against the petitioner is not yet complete, as such, the
petitioner is not entitled to bail.
13. The Court has considered the contentions raised at
the Bar and perused the records.
14. There is no dispute that the maximum punishment
that can be awarded for the offence alleged is 7 years
imprisonment and fine. The remaining two petitioners have
been granted bail. The allegations against the remaining two
petitioners are, they collected money from the complainant on
the pretext of bribing the Judge. Accused No.2 allegedly
collected money stating that she knows the Judge and after
collecting Rs.70,72,000/- has not replied to the calls of the
Digitally Signed by ANANT
RAMNATH HEGDE
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HC-KAR
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CRL.P No. 15110 of 2026
CNR: KAHC010678062026
complainant and allegation against accused No.3 is, he
collected Rs.10,00,000/- stating that he would pay the amount
to the Judge to secure the bail and bail was not granted and he
issued 3 cheques for Rs.9,00,000/- to repay the amount and
the said cheques have been dishonoured.
15. It is noticed that those two accused have been
granted bail. However, bail is granted after the charge sheet
filed against them.
16. In the instant case, investigation is not complete as
against the present petitioner.
17. The learned Additional SPP would submit that the call
details of the petitioner have been secured and the
investigation is going on.
18. The learned Senior counsel for the petitioner would
Arnesh Kumar
also refer to the judgment of the Apex Court in
1
vs. State of Bihar Kumar
to contend that the Police was
required to issue a notice to the petitioner before arresting and
1
(2014) 8 SCC 273
Digitally Signed by ANANT
RAMNATH HEGDE
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HC-KAR
NC: 2026:KHC:59251
CRL.P No. 15110 of 2026
CNR: KAHC010678062026
in case, the petitioner had not co-operated for investigation,
then only they could have taken steps to arrest the petitioner.
19. It is an admitted fact that the petitioner is not accused
of an offence which is punishable with death or imprisonment
for life. It is also not disputed that there are no other criminal
antecedents against the petitioner.
20. Learned Additional State Public Prosecutor would
submit that the telephonic conversation between the petitioner
and the victim have been recorded.
21. It is also noticed from the contents of the complaint
that the allegation is the petitioner demanded amount in the
name of the Judge to secure the bail order. The further
allegation is Rs.72,000/- is collected and demanded Rs.1.00
lakh stating that the amount is demanded by the Judge.
22. The Court is of the view that in case the telephonic
conversations and call details have been secured by the
Investigating Agency, the petitioner's further retention may not
be required.
Digitally Signed by ANANT
RAMNATH HEGDE
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HC-KAR
NC: 2026:KHC:59251
CRL.P No. 15110 of 2026
CNR: KAHC010678062026
23. Before parting, without reflecting anything on the
merits of the prosecution case and the defence of the
petitioner, the Court must observe that in case the alleged
incident had taken place, it is one of the most unfortunate
things to happen as such conduct amounts to highest form of
professional misconduct on the part of the advocate. Such an
act tarnishes the name of the Judge as well as the institution.
24. However, the settled position of law governing bail
would come to the aid of the petitioner. This being the position,
the Court is the view that the petition has to be allowed and the
petitioner is required to be released on bail.
25. Hence the following:
ORDER
The Criminal Petition is allowed subject to the following
conditions:
i. Petitioner shall be enlarged on bail in Crime
No.117/2024 registered by Vidhana Soudha
Police, Bengaluru city on executing a personal
bond for Rs.3,00,000/- (Rupees Three Lakhs
Digitally Signed by ANANT
RAMNATH HEGDE
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HC-KAR
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CRL.P No. 15110 of 2026
CNR: KAHC010678062026
only) with two solvent sureties for the likesum
to the satisfaction of the Investigating Officer.
ii. Petitioner shall co-operate with any
investigation or inquiry.
iii. Petitioner shall not threaten or induce anyone
acquainted with the facts, nor tamper with
evidence or witnesses
iv. Petitioner shall furnish current address, active
mobile number, to the jurisdictional police and
intimate any changes within 48 hours.
v. Petitioner shall not leave the jurisdiction of
Mysuru and Bengaluru without prior
information and intimation to the jurisdictional
police.
vi. Petitioner shall not commit any offences.
Digitally Signed by ANANT
RAMNATH HEGDE
(ANANT RAMANATH HEGDE)
JUDGE
GVP
List No.: 2 Sl No.: 5