The Karnataka High Court granted regular bail to an advocate accused of demanding money from a litigant on the pretext of bribing a sitting judge to secure bail for the litigant's son.

Justice Anant Ramanath Hegde, observed that there was no dispute that the maximum punishment that can be awarded for the offence alleged is 7 years imprisonment and fine. The court noted that the remaining two petitioners have been granted bail, and they were accused of collecting money from the complainant on the pretext of bribing the Judge.

"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. The learned Additional SPP would submit that the call details of the petitioner have been secured and the investigation is going on.

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. Learned Additional State Public Prosecutor would submit that the telephonic conversation between the petitioner and the victim have been recorded. 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. 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" the court said. 

While taking note of the grave allegations the court also observed,

“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.”

It however said that 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,” it said. 

The matter arose from a case registered by the Vidhana Soudha Police Station, Bengaluru City, for offences punishable under Sections 318(4) (Cheating), 79 (insult the modesty of a woman), and 3(5) of the BNS. The complainant alleged that the petitioner-advocate demanded money, claiming that it was required to secure bail for the complainant's son through a sitting judge. While seeking bail for herself, the petitioner contended that the other two accused have already been released on bail.

Accordingly, the High Court allowed the criminal petition and directed the release of the accused-advocate upon executing a personal bond of Rs three lakh.