##PAGE1##

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH 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 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 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.

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 mis