2023 Supreme(Online)(KAR) 15066
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NC: 2023:KHC:33362-DB
CRL.CCC No. 2 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF SEPTEMBER, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
CRIMINAL CONTEMPT PETITION NO. 2 OF 2023
BETWEEN:
HIGH COURT OF KARNATAKA,
REPRESENTED BY THE REGISTRAR GENERAL,
BENGALURU - 560 001.
…COMPLAINANT
(BY SRI. SWAROOP KUMAR.,HCGP)
AND:
DR BEERE NAGARAJU
S/O. SRI. B VENKATANARAYANA, CHIEF
PHARMACIST, RAILWAY HOSPITAL,
SOUTH WESTERN RAILWAY,
BENGALURU- 560 023.
R/AT NO. 99, EWS, 1ST STAGE,
2ND-B-MAIN ROAD, YELAHANKA NEW TOWN,
BENGALURU - 560 064.
…ACCUSED
(BY SRI.DR.BEERE NAGARAJU.,PARTY IN PERSON)
THIS CRL.CCC FILED U/S 15 OF THE CONTEMPT OF
COURTS ACT, 1971 R/W ARTICLE 215 OF THE CONSTITUTION
OF INDIA BY THE REGISTRAR GENERAL, HIGH COURT OF
KARNATAKA PRAYING TO INITIATE (SUO-MOTU) CRIMINAL
CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED
Digitally signed
by SHARADA
VANI B
Location:
HIGH COURT
OF
KARNATAKA
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NC: 2023:KHC:33362-DB
CRL.CCC No. 2 of 2023
HEREIN DR. BEERE NAGARAJU, S/O SRI B.VENKATANARAYANA,
CHIEF PHARAMACIST, RAILWAY HOSPITAL, SOUTH WESTERN
RAILWAY, BENGALURU - 560 023, RESIDING AT NO.99, EWS,
1ST STAGE, 2ND B MAIN ROAD, YELAHANKA NEW TOWN,
BENGALURU - 560064, UNDER THE CONTEMPT OF COURTS
ACT, 1971 AND TO PUNISH HIM IN ACCORDANCE WITH LAW.
THIS CRL.CCC COMING ON FOR FRAMING OF CHARGES
THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
1.
These criminal contempt proceedings were initiated
suo moto against the respondent/accused for alleged act
that amounted to lowering the Authority of Court and
therefore, notice was ordered on him for the offence of
contempt of Court punishable under Section 11 of the
Contempt of Courts Act, 1971.
2.
After service of notice the accused having appeared
before
the
Court
had
filed
"SELF
EXCLAMATORY
STATEMENT"
on
10.04.2023
in
effect
denying
the
allegation stating that he has been brought up in a
traditional family. This day, when we were about to frame
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the charges, he has filed an COMPLIANCE AFFIDAVIT
(wrongly nomenclatured) which reads as under:
"I, DR.BEERE NAGARAJU, S/o Sri B.
Venkatanarayana,
aged
about
50
years,
presently working as Chief Pharmacist, Railway
Hospital, South Western Railway, Bengaluru, do
hereby solemnly affirm and state on oath as
follows:-
1.
I state that with regard to the Suo-
moto Criminal Contempt proceedings against me
in view of contemptuous act of violating the
decorum/decency and sanctity of this Hon'ble
Court during the virtual Court proceedings on
18.01.2023
at
14.38
hours
by
me
was
unintentional and due to technical inadvertence.
I
profusely
apologise
for the inadvertence
behaviour. I have the highest respect and
regard for the highest Court of Appeal in the
State of Karnataka and hence, I tender my
unconditional apology.
2.
I state that I am law abiding citizen
working in the Indian Railway since the last 22
years that there has been no dereliction in duty
by me in all these years of my service.
3. Therefore, I state that in view of the
inadvertence during the virtual proceedings on
18.01.2023
and
my
unconditional
apology
rendered, it is humbly prayed for this Hon'ble
Court
to
drop
the
Criminal
Contempt
Proceedings.
4.
I hold this Hon'ble Court in highest
esteem and shall adhere to all the directions
issued by this Hon'ble Court.
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WHEREFORE, I humbly request and submit
that
this
Hon'ble
Court
in
view
of
my
unconditional apology herein, be pleased to drop
the above Criminal Contempt Proceedings in the
interests of justice and equity."
3.
Having heard the matter and having perused the
records, we are inclined to accept the unconditional
apology tendered by the respondent/accused who is
present before the Court. We have noted that he has put
in a spotless service of more than two decades in the
Railway Department and that he is progression in career
should not be affected, in any way. There is no legal or
factual impediment for dropping these proceedings on the
basis of the apology tendered.
In view of the above, this suo moto complaint of
contempt is disposed off. Notice is discharged.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
cbc