SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2022 Supreme(Online)(Kar) 49153

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 07TH DAY OF JULY, 2022

PRESENT

THE HON9BLE MR. JUSTICE B.VEERAPPA

AND

THE HON9BLE MRS. JUSTICE K.S.HEMALEKHA

CRIMINAL CCC No.12/2021

BETWEEN:

HIGH COURT OF KARNATAKA,

REP. BY THE REGISTRAR GENERAL,

BENGALURU 3 560 001.

...COMPLAINANT

(BY SRI V.S. HEGDE, LEARNED SPP-2 )

AND:

MR. BASRUR RAJEEV SHETTY,

S/O M. SHIVARAMA SHEETY,

AGED ABOUT 68 YEARS,

R/AT:1-2-70E 8PADMAJA9,

MOODANEDAMBURU,

UDUPI 3 576 101.

&ACCUSED

(BY SRI SIDHARTA BABURAO, ADVOCATE)

THIS CRL. CCC FILED UNDER SECTION 15 OF THE

CONTEMPT OF COURTS ACT 1971, R/W ARTICLE 215 OF

THE CONSTITUTION OF INDIA, PRAYING TO INITIATE

(SUO-MOTU)

CRIMINAL

CNTEMPT

OF

COURT

- 2 -

PROCEEDINGS

AGAINST

THE

ACCUSED

HEREIN-SRI

BASRUR RAJEEV SHETTY, S/O M.SHIVARAMA SHETTY,

AGED ABOUT 68 YEARS, R/AT 11-2-70E, PADMAJA,

MOODANEDAMBURU,

UDUPI

576101

UNDER

THE

CONTEMPT OF COURTS ACT, AND TO PUNISH HIM IN

ACCORDANCE WITH LAW.

THIS CRL. CCC COMING ON FOR ORDERS THIS DAY,

B.VEERAPPA J., MADE THE FOLLOWING:-

This Court registered a suo-moto contempt

petition against Sri Basrur Rajeev Shetty, S/o M.

Shivarama Shetty, aged about 69 years holding that

the petitioner has virtually made unsubstantiated

allegations against the Court and the affidavit

averments virtually reiterate the allegations that were

made yesterday in the course of hearing and amounts

to lowering the dignity and standing of the Court not

only in the eyes of the litigants and the public who are

participating in the virtual court proceedings, but also

members who are present before the Court and that

- 3 -

neither the affidavit nor the petitioner has been able

to answer the query pointed out by this Court raised

on the first date of hearing, that is, maintainability of

the petition more so this court held that the affidavit

does not disclose any remorse for the unsubstantiated

allegations leveled against the Court and by the

affidavit, the petitioner has only added fuel to fire by

attempting to tarnish the image of the Registry also.

Therefore, the suo-moto contempt petition was

initiated.

2.

Though

accused

filed

an

affidavit

on

05.01.2022 before this Court, the said affidavit was

strongly opposed by the learned Additional SPP and

contended that the virtually the affidavit is nothing but

substantiating the allegations made as referred in the

order of the learned Single Judge. At that stage,

Sri. Sidharth Baburao, learned counsel for the accused

sought to withdraw the counter affidavit dated

- 4 -

05.01.2022 and sought time to file the better affidavit

before this Court with unconditional apology. When

the matter was posted on 30.06.2022, learned

counsel for the accused sought time to file affidavit

and this Court has directed the accused to present

before the Court on the next date of hearing.

3.

Today, the accused-Sri. Basrur Rajeev

Shetty, aged about 69 years is present before the

Court. When query was made by this Court with

regard to the allegations made by him as referred by

the learned Single Judge, he tendered unconditional

apology as stated in the affidavit and assured the

Court that he would not repeat the same in future.

4.

The submission of the accused is placed on

record.

5.

Affidavit filed by the accused at paragraph

Nos.2 and 3 reads as under:

- 5 -

2.

I most respectfully submit that I have

highest respect for the dignity and decorum of

this Hon9ble High Court and I never intended

nor as ever been disrespectful to any court or

the orders of this Hon9ble Court or any other

courts of this country. I most respectfully

submit that I have not committed any acts

scandalizing

or

tending

to

scandalize

or

lowering or tending to lower the authority or

the image of this Hon9ble Court much less any

court of the country nor ever intended to do so

in my life time. If at all for any reason this

Hon9ble Court or any other court of this

country is of view that I have committed any

acts which has scandalized or lowered the

image of this Hon9ble Court in the estimation of

general public or the litigants, I would be the

first person to bow down and am ever ready to

apologize profusely and I am always ready and

willing to offer my unconditional apologies.

3.

Therefore, I most respectfully pray that

this Hon9ble Court may kindly be pleased to

drop the contempt proceedings in the ends of

justice and equity. In view that I have

committed any acts of contempt, I hereby

- 6 -

tender my unconditional apologies to this

Hon9ble Court and the same may be accepted

for which I would oblige for ever. I submit that

I am an ailing senior citizen suffering from

diabetic neuropathy and at this stage I do not

deserve any kind of punishment from the

hands of this Hon9ble Court inasmuch as I have

not committed any criminal act of contempt as

sought to be projected in the instant petition.

It may not be out of context to mention here

that I have not consciously much willfully

disobeyed the orders of this Hon9ble Court or

interfered with the course of justice at any

point of

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top