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