Back
2023 Supreme(Online)(Kar) 30617
- 1 -
NC: 2023:KHC:40294-DB
CRL.CCC No. 11 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF NOVEMBER, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
CRIMINAL CONTEMPT PETITION NO. 11 OF 2023
BETWEEN:
HIGH COURT OF KARNATAKA,
REPRESENTED BY THE REGISTRAR GENERAL,
BENGALURU-560 001.
…COMPLAINANT
(BY SRI. ANOOP KUMAR., HCGP)
AND:
1.
SMT. MARY CYRIAC,
W/O K K CHACHO,
AGED ABOUT 72 YEARS,
R/AT NO.87/1, BANDAPPA LAYOUT,
MES ROAD, GOKUL,
BENGALURU-560 054.
2.
SRI. SHRIPAD V SHASTRI,
ADVOCATE,
ENROLLMENT NO.KAR 302/1991,
K.G. NAGAR MAIN ROAD, CHAMARAJPET,
BENGALURU-560 019.
…ACCUSED
(BY SRI. SANDESH T B.,ADVOCATE FOR A1;
SRI.JAYAKUMAR S PATIL., SENIOR ADVOCATE FOR A2)
THIS CRL.CCC FILED UNDER SECTION 15 OF THE
CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE 215 OF THE
CONSTITUTION OF INDIA BY THE HIGH COURT OF KARNATAKA
Digitally signed
by SHARADA
VANI B
Location: HIGH
COURT OF
KARNATAKA
- 2 -
NC: 2023:KHC:40294-DB
CRL.CCC No. 11 of 2023
PRAYING TO INITIATE (SUO-MOTU) CRIMINAL CONTEMPT OF
COURT PROCEEDINGS AGAINST (1) SMT. MARY CYRIAC, AGED
ABOUT 72 YEARS, W/O K.K. CHACHO, R/AT NO.87/1,
BANDAPPA LAYOUT, MES ROAD, GOKUL, BENGALURU-560054
AND (2) SRI. SHRIPAD V. SHASTRI, ADVOCATE, K.G. NAGAR
MAIN ROAD, CHAMARAJPET, BENGLAURU-560 019, UNDER THE
CONTEMPT OF COURTS ACT, 1971 AND TO PUNISH THEM IN
ACCORDANCE WITH LAW.
THIS CRL.CCC COMING ON FOR PRELIMINARY HEARING,
THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
Learned
counsel
appearing
for
the
accused-
respondents invited our attention to the statement of facts
filed in this court on 9.11.2023. Learned Sr. Counsel
submits that at the outset itself, accused-respondents
tendered their unconditional apology and submit that a
bonafide mistake occurred at their hands. Learned counsel
further submits that the accused persons also have
showed their bonafide by straight way agreeing for the
allowing of Review Petition which was filed at a very
belated stage i.e., with a long delay of twelve years and
that the Review Petition was allowed. The counsel then
submits that the matter can be looked with some
humanitarian angle for the reason that the claimants who
- 3 -
were in their advanced age had lost their son in a
vehicular accident. Our scriptures say “putra shokam
nirantaram” literally meaning that bereaved parents suffer
eternally.
Considering all these facts, we are of the
considered opinion that the apology tendered by these two
accused persons is a bonafide and the same needs to be
accepted with a warning that the accused-respondents
shall not give scope for the incidents of the kind or for
their recurrence, in future.
With these observations, this complaint of contempt
is disposed off. Notice is discharged.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
cbc
List No.: 2 Sl No.: 1
