The Karnataka High Court has refused to interfere with criminal proceedings against a Mysuru-based advocate accused of collecting money on the pretext of bribing a High Court judge to secure bail for an accused person.
Justice M. Nagaprasanna, while rejecting the plea to quash the FIR, observed that allegations involving the use of money to influence judicial decisions strike at the very foundation of public trust in the justice system and therefore demand a comprehensive investigation.
The Court noted that the complaint before it was not a routine cheating allegation. According to the accusations, money was allegedly collected from a litigant with assurances that it would be passed on to a judge in exchange for a favourable bail order. Such claims, the judge said, cannot be dismissed at the preliminary stage.
The Court emphasized that if the allegations are ultimately proven, they would amount to a direct attack on the integrity of the institution itself. In matters touching upon the credibility of the judiciary, a detailed investigation is indispensable, it added.
The controversy traces back to 2021, when Theresa’s son, V. Vishnu Devan, was arrested in a murder case. Theresa alleged that she was introduced to Marina Fernandes near the Mayo Hall court complex in Bengaluru, where she was promised that her son could secure bail in return for ₹10 lakh.
According to the complaint, the promised relief never materialized. Theresa later sought a refund, but the cheques issued to her allegedly bounced.
The complaint further states that Theresa was subsequently introduced to another woman, Aarathi, who purportedly claimed to have close connections with a High Court judge. She allegedly demanded ₹1.72 lakh, assuring Theresa that ₹1 lakh from the amount would be handed over to the judge.
The prosecution claims that advocate Dayeena Banu later became involved and informed Theresa that a significant payment would be required to obtain her son’s release on bail.
Initially, Theresa approached the State Bar Council, accusing Marina Fernandes and Aarathi of cheating. Later, in December 2024, she addressed a letter to the Karnataka High Court alleging that money was being demanded in the name of bribing a judge.
Acting on the communication, the High Court Registrar lodged a complaint, leading to the registration of an FIR by the police. Challenging the criminal case, Banu approached the High Court seeking its dismissal.
Representing the advocate, senior counsel Hasmath Pasha argued that disciplinary proceedings were already pending before the Bar Council and maintained that the essential ingredients of cheating were absent. He further contended that the police had initiated the case without conducting a preliminary inquiry.
Opposing the plea, the State argued that allegations involving attempts to influence judicial orders through bribery pose a serious threat to the credibility of the justice system and require a complete investigation. The prosecution also pointed out that the probe had made little progress because of interim protection granted earlier.
Rejecting the petition, Justice Nagaprasanna observed that while the allegations may outwardly resemble a case of cheating, they assume far greater significance when they suggest that court orders can be obtained through illicit payments.
The Court held that investigations in such cases cannot be halted midway and must be allowed to proceed to their logical conclusion before the competent court.
